Contribution Between Negligent Tortfeasors and Unjust Enrichment: An Outline of a Solution to the "No Benefit to B" Issue

Traditional understandings of contribution claims hold that a payment by one tortfeasor that benefits a second is a necessary element of a successful claim. However, circumstances may arise where that second tortfeasor gains immunity from liability after the common liability has already crystallized. These circumstances create an issue of “No Benefit to B.” This article examines claims for contribution between tortfeasors where a “No Benefit to B” issue arises. It argues that, in such circumstances, an award for contribution is not always contrary to principle. The article also provides a judicial analysis that can be used to decide whether to allow a contribution claim to succeed in the context of the “No Benefit to B” issue.