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Torts and Rights$
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Robert Stevens

Print publication date: 2007

Print ISBN-13: 9780199211609

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211609.001.0001

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Accessories

Accessories

Chapter:
(p.275) 12 Accessories
Source:
Torts and Rights
Author(s):

Robert Stevens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199211609.003.0012

The rule in Lumley v Gye is best explained on the basis that contractual rights carry with them a secondary right good against the rest of the world that they do not induce its infringement. The serpent was worse than Eve, and it is a wrong to undermine the bond of trust between persons upon which promises rely by procuring their breach. There is no general principle of accessory liability for wrongs committed by others. The most closely related wrong is found in equity: dishonest assistance in a breach of fiduciary duty.

Keywords:   procuring breach of contract, Lumley v Gye, dishonest assistance, accessory liability

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