Accessory Liability

1. Auflage 2015
ISBN: 978-1-84946-287-7
Verlag: Bloomsbury 3PL

Buch, Englisch, 328 Seiten, Hardback, Format (B × H): 161 mm x 240 mm, Gewicht: 661 g

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.

Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.

Autoren/Hrsg.

Davies, Paul S

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Davies, Paul S
Paul S Davies is Professor of Commercial Law at UCL and a Barrister at Essex Court Chambers. He was previously a Fellow of Gonville and Caius College, Cambridge and St Catherine's College, Oxford. Paul has also worked at the Law Commission. He is the author of Accessory Liability (Hart Publishing, 2015; revised paperback edition, 2017), which won the main Inner Temple Book Prize in 2018, JC Smith's The Law of Contract (3rd ed, OUP, 2021), and a co-author of Equity and Trusts: Text, Cases and Materials (3rd ed, OUP, 2019 (with Graham Virgo)). Paul is also an editor of both Chitty on Contracts and Snell's Equity. In 2020 Paul was awarded a Philip Leverhulme Prize in Law.

Photo courtesy of Faculty of Law, University of Oxford.

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