Accessory Liability
Look inside TOC

Tort / Personal Injury

Accessory Liability

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

Also available as

Hardback

Details

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.

Table of Contents

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.

HKD 491.66 −3%
HKD 506.87

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Tort / Personal Injury

View all
McGregor on Damages 22ed with 2nd Supplement New
Sweet & Maxwell U.K.

McGregor on Damages 22ed with 2nd Supplement

James Edelman; Prof Andrew Higgins; Prof Jason Varuhas
HKD 6,324.00
Saggerson on Travel Law and Litigation 6th Edition
Wildy, Simmonds and Hill Publishing

Saggerson on Travel Law and Litigation 6th Edition

Matthew Chapman; Sarah Prager; Jack Harding
Damages in Investor-State Arbitration: Current Issues and Challenges
Brill Academic Publishers

Damages in Investor-State Arbitration: Current Issues and Challenges

Irmgard Marboe
HKD 1,037.40
A Practical Guide to Injury Claims Involving Cyclists
Law Brief Publishing

A Practical Guide to Injury Claims Involving Cyclists

Patrick Kerr; Helen Waller
HKD 699.86
The Europeanisation of English Tort Law
Hart Publishing

The Europeanisation of English Tort Law

Paula Giliker
HKD 1,134.90
Tort Law: Cases and Key Principles
Clarus Press

Tort Law: Cases and Key Principles

Val Corbett
HKD 503.10