Equitable Third Party Liability: Rationale, Principle, Method and Classification

Abstract

This thesis considers the equitable liabilities of third parties to relationships governed by equity from a doctrinal perspective. Its particular focus is upon the personal liabilities of persons associated through culpable conduct with the equitable wrongdoing of another. Such conduct could be by way of procurement of, or assistance in, that wrongdoing (accessory liability) or the beneficial receipt of property protected by equity and tainted by that wrongdoing (recipient liability) or both. The thesis also considers other equitable third party liabilities that interact with or relate to accessory liability and recipient liability. The thesis comprises a capstone chapter, plus eight publications (three journal articles, two chapters from a co-authored book, and three chapters from edited collections). The capstone chapter ties together my work in this area of law. It identifies four general questions, concerning equitable rationale, principle, method, and classification, that are addressed in the publications and explains how they are resolved. The jurisdictional focus of the thesis is upon Australian and English law; however, one chapter considers the law in Singapore and Hong Kong in depth and several chapters also refer to the law in Canada, New Zealand, and the United States. Show more