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.
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.
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
Paul S Davies is an Associate Professor in Law at the University of Oxford and a Fellow of St Catherine’s College, Oxford.
Davies is to be congratulated for achieving a task of immense
proportions...It is a tremendous feat...Davies is to be heartily
commended for bringing to the fore the previously unexplored
connections across disparate areas of law, if only to expose them
to further long overdue analysis by the legal community.
*Singapore Journal of Legal Studies*
...Accessory Liability is a well-written, comprehensive, compelling
and thought-provoking. In few than 300 pages, it weaves together a
staggering range of subjects...This book deserves to become a
significant point of reference for private law scholars and
practitioners alike.
*Legal Studies*
Overall, Accessory Liability is a book to be applauded and highly
recommended. Within its pages lies an appraisal and appreciation
for this specific area of law that has been sorely lacking for far
too long.
*Trust Law International*
As Lord Justice Sales notes in his foreword, this book is long
overdue; but the wait has certainly been worthwhile. The learning
on display here is rich and deep, and Davies' clear structure and
lucid style is an exemplar for future private law scholarship.
*The Edinburgh Law Review*
By seeking to unite discrete and substantial areas of private law,
the book's mission is unmistakably ambitious. Yet the author is to
be congratulated for meeting the challenge admirably by navigating
nimbly across and between subject boundaries, and by squarely
confronting a substantial corpus of conflicting and unfavourable
authorities.
*Law Quarterly Review*
From the foreword by Philip Sales: Judges, practitioners and
academic lawyers who read this book will be indebted to Mr Davies
for bringing clarity and coherence to what should now be recognised
as a major category of civil liability in its own right.
*Foreword*
This book deserves to become a significant point of reference for
private law scholars and practitioners alike.
*Legal Studies*
This magnificent work of awesome scholarship and insight should be
essential reading for judges, practitioners and advanced level
students working in the field of private law.
*King's Law Journal*
All in all, this is a mould-breaking book, based on deep learning
and perceptive analysis, yet written in a clear and accessible
style.
*Yearbook of European Tort Law*
Davies’ book is a thoroughly researched and insightful publication.
This book presents a challenging, and powerful, argument that the
various forms of accessory liability can be drawn together, and
Davies’ framework provides a clear way towards achieving that
goal.
*The Modern Law Review*
In Accessory Liability, Davies navigates the reader with clarity
and skill through the murky waters of each of these questions and
many others besides. It seems to me, therefore, that this book was,
in 2015, quite deservedly the joint second prizewinner of the
prestigious Society of Legal Scholars Peter Birks Book Prize for
Outstanding Legal Scholarship. It is a book of immense learning and
careful reflection written by someone who clearly grasps the fact
that elegance in legal prose is no mere luxury. It is a book about
accessories, but it is also an exemplar of accessibility.
*LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY*
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