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Accessory Liability

Name: Accessory Liability
Brand: Hart Publishing
SKU: 9781509914104
Price: 491.66 HKD
Availability: InStock
Author: Paul S Davies
ISBN: 9781509914104

By Paul S Davies

Hart Publishing June 2017

Specifications

ISBN-13: 9781509914104
Publisher: Hart Publishing
Publication: June 2017
Format: Paperback , 272 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved.

1. Introduction

I. What is Accessory Liability?

II. Why is Accessory Liability Important?

III. Doctrinal Difficulties in the Law of Obligations

IV. Looking Across the Legal Landscape

V. Approach of the Book

2. Fundamentals

I. Principles Underpinning Accessory Liability

II. Conduct Element

III. Mental Element

IV. Nature of Accessory Liability

V. Distinguishing Accessory Liability

3. Crime

I. Scope of Accessory Liability

II. Primary Offence

III. Conduct Element

IV. Mental Element

V. Defences

VI. Nature of Liability

VII. Rationales of Liability

VIII. Conclusions

4. Equity

I. Seeds of Confusion: The Effect of Barnes v Addy

II. A New Start: Royal Brunei Airlines Sdn Bhd v Tan

III. Primary Wrong: Breach of Contract

IV. Conduct Element

V. Mental Element

VI. Explaining Accessory Liability

VII. What Shape should Accessory Liability Take?

5. Contract

I. The Leading Case: Lumley v Gye

II. Accessory Liability Recognised: OBG Ltd v Allan

III. Primary Wrong

IV. Conduct Element

V. Mental Element

VI. Explaining Accessory Liability

VII. Against Accessory Liability: Defending Breach of Contract

VIII. What Shape should Accessory Liability Take?

6. Tort

I. Mapping Accessory Liability in Tort Law

II. Primary Wrong

III. Conduct Element

IV. Mental Element

V. Explaining Liability

VI. What Shape should Accessory Liability Take?

7. Defences

I. Defences Available to the Primary Wrongdoer

II. Justification

III. Withdrawal

IV. Limitation

V. Conclusion

8. Remedies

I. ‘Secondary’ Liability Exposed

II. Compensation

III. Gain-based Awards

IV. Hypothetical Bargain Measure of Damages

V. Contribution

VI. Punitive Damages

VII. Injunction

VIII. Combining Remedies

9. Conclusions

I. ‘Knowing Assistance’

II. A Standard Approach Across All Obligations

III. The Nature of Accessory Liability

IV. A Narrow But Coherent Law of Accessory Liability

About the Author

Paul S Davies is an Associate Professor in Law at the University of Oxford and a Fellow of St Catherine's College, Oxford.

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