Accessory Liability

ISBN-13: 9781509914104 / Angielski / Miękka / 2017 / 328 str.

Paul S. Davies

Opis

Now available in paperback Accessory liability in 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. Criminal law recognizes that any person who 'aids, abets, counsels or procures' any offense can be punished as an accessory, but private law is more fragmented. One reason for this is a tendency to compartmentalize 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 private law, the nature and principles of accessory liability can be better understood, and doctrinal confusion regarding the elements of liability, defenses, and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015. (Series: Hart Studies in Private Law) Subject: Private Law, Contract Law, Tort Law, Commercial Law]