{"product_id":"accessory-liability-9781509914104","title":"Accessory Liability","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eAccessory 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.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eDavies 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. -- Timothy Liau * Singapore Journal of Legal Studies *\u003cbr\u003e...\u003ci\u003eAccessory Liability \u003c\/i\u003eis 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. -- William Day * Legal Studies *\u003cbr\u003eOverall, 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. -- Matthew Carn * Trust Law International *\u003cbr\u003eAs 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. -- Bobby Lindsay * The Edinburgh Law Review *\u003cbr\u003eBy 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. -- Pey-Woan Lee * Law Quarterly Review *\u003cbr\u003eFrom 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 *\u003cbr\u003eThis book deserves to become a significant point of reference for private law scholars and practitioners alike. -- William Day * Legal Studies *\u003cbr\u003eThis 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. -- Nick McBride * King's Law Journal *\u003cbr\u003eAll in all, this is a mould-breaking book, based on deep learning and perceptive analysis, yet written in a clear and accessible style. -- Ken Oliphant * Yearbook of European Tort Law *\u003cbr\u003eDavies’ 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. -- David Salmon, Lecturer in Law, Aston Business School, Birmingham * The Modern Law Review *\u003cbr\u003eIn \u003ci\u003eAccessory Liability\u003c\/i\u003e, 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\u003ci\u003e Society of Legal Scholars Peter Birks Book Prize\u003c\/i\u003e 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. -- John Murphy,  Professor of Law, Lancaster University * LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. 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 \u003ci\u003eBarnes v Addy \u003c\/i\u003e II. A New Start: \u003ci\u003eRoyal Brunei Airlines Sdn Bhd v Tan \u003c\/i\u003e 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: \u003ci\u003eLumley v Gye \u003c\/i\u003e II. Accessory Liability Recognised: \u003ci\u003eOBG Ltd v Allan \u003c\/i\u003e 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","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":51742584537431,"sku":"9781509914104","price":999.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509914104.jpg?v=1758385416","url":"https:\/\/bookcurl.com\/products\/accessory-liability-9781509914104","provider":"Book Curl","version":"1.0","type":"link"}