Accessorial liability in the law of torts

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Abstract

This paper considers the scope and limits of accessorial liability in the law of torts. It argues that the issue has been under-analysed, in part because such liability is encompassed under the label of 'joint tortfeasorship'. Analysis of the question of accessorial liability needs to focus on two questions: what is the requisite involvement of the 'accessory' and what is the requisite mental state of the accessory when committing those acts? The paper seeks to define the precise limits of these two requirements and argues, after an analysis of the English and Australian authorities, that the current tests for accessorial liability, in rejecting liability for 'mere' assistance, are too narrowly stated.

Original languageEnglish
Pages (from-to)231-258
Number of pages28
JournalLegal Studies
Volume31
Issue number2
DOIs
Publication statusPublished - Jun 2011

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abstract = "This paper considers the scope and limits of accessorial liability in the law of torts. It argues that the issue has been under-analysed, in part because such liability is encompassed under the label of 'joint tortfeasorship'. Analysis of the question of accessorial liability needs to focus on two questions: what is the requisite involvement of the 'accessory' and what is the requisite mental state of the accessory when committing those acts? The paper seeks to define the precise limits of these two requirements and argues, after an analysis of the English and Australian authorities, that the current tests for accessorial liability, in rejecting liability for 'mere' assistance, are too narrowly stated.",
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journal = "Legal Studies",
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Accessorial liability in the law of torts. / Dietrich, Joachim.

In: Legal Studies, Vol. 31, No. 2, 06.2011, p. 231-258.

Research output: Contribution to journalArticleResearchpeer-review

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