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.

• 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 ElementIII. 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. EquityI. 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

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.