If Equitable Contribution is Dead, Can Contractual Contribution Replace it?

Abstract

This article discusses surprising outcomes in dealing with equitable contribution and equitable subrogation and that since the rules may eliminate the rights of parties to equitable contribution or subrogation, counsel must create intraguarantor agreements that contain appropriate contractual contribution rights to replace them.

Keywords: Right to Contribution, Contribution, Equitable Contribution, Guarantee, Guarantor, Secondary liability

JEL Classification: K11