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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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Accessory Liability


ISBN13: 9781849462877
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00
Paperback edition , ISBN13 9781509914104



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Also available as
£24.99
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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.

Subjects:
Criminal Law, Tort Law
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

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published June 2018
Hart Publishing
£80.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published April 2018
Hart Publishing
£60.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published March 2018
Hart Publishing
£70.00
The Duty of Care in Negligence ISBN 9781509914845
To be published December 2017
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£55.00
The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
To be published September 2017
Hart Publishing
£34.99
Money Awards in Contract Law ISBN 9781509917051
To be published July 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts ISBN 9781849465960
To be published July 2017
Hart Publishing
£65.00
Causation in Negligence ISBN 9781509905034
To be published June 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce ISBN 9781509907298
Published March 2017
Hart Publishing
£85.00
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published March 2017
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£70.82 + £14.17 VAT
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Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published February 2017
Hart Publishing
£66.66 + £13.33 VAT
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published February 2017
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£80.00
Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published December 2016
Hart Publishing
£75.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published December 2016
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£62.49 + £12.50 VAT
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Private Law in the 21st Century (eBook) ISBN 9781509908592
Published November 2016
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£91.66 + £18.33 VAT
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Private Law in the 21st Century ISBN 9781509908585
Published November 2016
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£110.00
Negligence and Illegality ISBN 9781509906666
Published November 2016
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£60.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published November 2016
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£49.99 + £10.00 VAT
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Private Law and Power (eBook) ISBN 9781509906000
Published November 2016
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£62.49 + £12.50 VAT
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Private Law and Power ISBN 9781509905997
Published November 2016
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£75.00
£49.99 + £10.00 VAT
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
Hart Publishing
£60.00
£58.33 + £11.66 VAT
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£70.00
A Theory of Tort Liability ISBN 9781509903184
Published June 2016
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£55.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
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£41.66 + £8.33 VAT
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Tort Law Defences ISBN 9781509905027
Published April 2016
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£30.00
Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
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£45.82 + £9.17 VAT
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
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£80.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£66.66 + £13.33 VAT
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Contractual Indemnities ISBN 9781509905010
Published December 2015
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£38.99
£58.33 + £11.66 VAT
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
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£55.00
Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
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£41.66 + £8.33 VAT
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Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Causation in Negligence ISBN 9781849463317
Published December 2014
Hart Publishing
£60.00
Causation in Negligence (eBook) ISBN 9781782255215
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£41.66 + £8.33 VAT
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Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£32.49 + £6.50 VAT
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£41.66 + £8.33 VAT
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
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£60.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
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£49.99 + £10.00 VAT
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Tort Law Defences (eBook) ISBN 9781782251897
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£24.99 + £5.00 VAT
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Tort Law Defences ISBN 9781849462914
Published July 2013
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£70.00
Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
£54.16 + £10.83 VAT
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£62.49 + £12.50 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
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£120.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£99.99 + £20.00 VAT
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Informal Carers and Private Law ISBN 9781849462815
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£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
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Hart Publishing
£62.49 + £12.50 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
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£70.00
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Fault Lines in Equity ISBN 9781849462198
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Fault Lines in Equity (eBook) ISBN 9781847319449
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