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Abstract: For many years, the Iowa Supreme Court has recognized the right to indemnity among joint tort-feasors. It was not, however, until recently that the court approved the apportionment of liability by equitable contribution. Since that time some degree of confusion has existed in this area of the law. Professor Furnish analyzes the fundamentals of both contribution and indemnity, discussing these remedies in terms of the contract principles from which they arise. Recognizing that contribution is a restitutionary device to effectuate an equitable sharing of liability, Professor Furnish calls upon the Iowa court to adopt the principles of comparative apportioning in lieu of requiring contribution in equal shares. Although this article is primarily concerned with Iowa law, it is offered with the hope of clarifying those principles common to all jurisdictions attempting to distribute tort liability.
Keywords: Tort Law, Comparative Liability, Iowa Supreme Court
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