Contribution is the distribution or spreading of a loss between two (or several) parties who are jointly liable for having committed a tort against a third party.'.
At the time of its earliest application it was a common. law right based upon principles of equity. Its objective was to spread the loss among all parties responsible for the damage, thereby preventing unjust enrichment of one tortfeasor at the expense of another.'
Although the doctrine is not founded upon express contract,. some courts have indicated that its basis is an implied contract growing out of the relationship of the parties.3 The Wisconsin court has observed that "when parties stand in equal right the law requires equality, and one party should not be obliged to bear the whole of a common burden."
The purpose of this Comment is to trace the development of the doctrine of contribution from its inception to the present day. Special attention will be given to an examination of the defenses to contribution and the fringe or questionable areas of the doctrine's application. In this way the objective of presenting a clear and concise understanding of the doctrine, as it exists in Wisconsin today, will be highlighted.
