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Home » US Law » 2021 New Mexico Statutes » Chapter 41 - Torts » Article 3 - Contribution Among Tortfeasors

Section 41-3-1 – Joint tortfeasors defined.

For the purposes of this act [41-3-1 to 41-3-8 NMSA 1978] the term “joint tortfeasors” means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. History: 1941 Comp., § 21-118, enacted by Laws […]

Section 41-3-2 – Right of contribution; accrual; pro rata share.

A. The right of contribution exists among joint tortfeasors. B. A joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. C. A joint tortfeasor who enters into a settlement with the injured person is […]

Section 41-3-3 – Judgment against one tortfeasor.

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors. History: 1941 Comp., § 21-120, enacted by Laws 1947, ch. 121, § 3; 1953 Comp., § 24-1-13. ANNOTATIONS Settlement for full damages not bar to suit of other joint tortfeasor. — Where an injured person […]

Section 41-3-4 – Release; effect on injured person’s claim.

A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides […]

Section 41-3-5 – Release; effect on right of contribution.

A release by the injured person of one joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro […]

Section 41-3-6 – Indemnity.

This act [41-3-1 to 41-3-8 NMSA 1978] does not impair any right of indemnity under existing law. History: 1941 Comp., § 21-123, enacted by Laws 1947, ch. 121, § 6; 1953 Comp., § 24-1-16. ANNOTATIONS Cross references. — For indemnity agreements, when void, see 56-7-1, 56-7-2 NMSA 1978. Indemnity not abrogated. — The right to […]

Section 41-3-7 – Uniformity of interpretation.

This act [41-3-1 to 41-3-8 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. History: 1941 Comp., § 21-124, enacted by Laws 1947, ch. 121, § 8; 1953 Comp., § 24-1-17.

Section 41-3-8 – Short title.

This act [41-3-1 to 41-3-8 NMSA 1978] may be cited as the Uniform Contribution Among Tortfeasors Act. History: 1941 Comp., §21-125, enacted by Laws 1947, ch. 121, § 9; 1953 Comp., § 24-1-18.