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Accessory Liability (eBook)


ISBN13: 9781849469579
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £45.82 + £9.17 VAT
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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, eBooks
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
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Accessory Liability ISBN 9781509914104
To be published March 2017
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£29.99
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
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£80.00
Negligence and Illegality ISBN 9781509906666
To be published December 2016
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Private Law in the 21st Century ISBN 9781509908585
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A Theory of Tort Liability (eBook) ISBN 9781509903191
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A Theory of Tort Liability ISBN 9781509903184
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Tort Law Defences ISBN 9781509905027
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
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Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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Defences in Unjust Enrichment ISBN 9781849467254
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£75.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
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£35.00
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Accessory Liability ISBN 9781849462877
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£58.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
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£29.16 + £5.83 VAT
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Contractual Indemnities ISBN 9781849462907
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Law of Private Nuisance (eBook) ISBN 9781782253402
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Law of Private Nuisance ISBN 9781849465069
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£38.00
Iniuria and the Common Law ISBN 9781849465038
Published August 2013
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£55.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
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Tort Law Defences ISBN 9781849462914
Published July 2013
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£63.00
Tort Law Defences (eBook) ISBN 9781782251897
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£24.99 + £5.00 VAT
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
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Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
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Informal Carers and Private Law ISBN 9781849462815
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
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