Under what circumstances is indemnity allowed among tortfeasors?

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Indemnity among tortfeasors is primarily established through a contractual relationship, making a contractual promise to indemnify the correct answer. In contexts where multiple parties are involved in a tortious act, one party may agree to indemnify another party for any loss or liability incurred as a result of their actions. This contractual indemnity allows the indemnified party to seek compensation from the indemnifying party for costs related to legal defense, settlements, or judgments arising from the tortious actions.

While various relationships among tortfeasors may exist, such as a general partnership or shared responsibility for negligence, those situations typically do not automatically create an indemnity obligation without specific contractual provisions. The concept of indemnity is fundamentally rooted in the agreement between parties where one assumes responsibility for the losses of the other, which is a clear illustration of how indemnity operates in tort law. In emergency situations, while the law may provide protections or mitigate liability under the Good Samaritan principle, this does not directly relate to indemnity among tortfeasors.

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