Dishonest assistance and accessory liability

Abstract

Dishonest Assistance and Accessory Liability, Paul S. Davies, Accessory Liability, Oxford: Hart Publishing, 2015, 294 pp, hb £54.99 In this essay review of Paul Davies' Accessory Liability, it is questioned whether dishonest assistance can be accommodated with other forms of third party liability in private law. It is argued that dishonest assistance does not involve the same conduct element as other forms of third party liability which are included in Davies’ book. Liability can arise for ‘weak’ causal links in dishonest assistance claims such as where a third party fails to intervene. It is also the case that liability can arise for involvement which arises ‘after the event’, which undermines Davies’ suggestion that there must be a causal link between a third party’s conduct and a primary wrong.

Publication DOI: https://doi.org/10.1111/1468-2230.12246
Divisions: Aston Business School > Law
Additional Information: This is the peer reviewed version of the following article: Salmons, D. (2017), Dishonest Assistance and Accessory Liability. The Modern Law Review, 80: 133–152, which has been published in final form at http://dx.doi.org/10.1111/1468-2230.12246. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
Full Text Link: http://onlineli ... 2230.12246/full
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PURE Output Type: Book/Film/Article review
Published Date: 2017-01-05
Accepted Date: 2016-09-05
Authors: Salmons, David ( 0000-0003-1703-2941)

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