Accessory Liability

ISBN-13: 9781849462877 / Angielski / Twarda / 2015 / 328 str.

Paul S Davies

Opis

Accessory liability in private law is of great importance. Claimants often bring claims against third parties who participate in wrongdoings. 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. It contains fascinating new insight for those interested in the law of obligations. (Series: Hart Studies in Private Law)