This article concerns recent challenges to the utility of “accessory liability” as an organising principle or concept in private law and argues that accessory liability is a coherent body of law with common features that is worthy of separate, holistic treatment. We defend a conceptual framework for accessory liability which is dynamic in its operation and which does not dictate the precise legal content of accessory liability in different contexts. Such a conception of accessory liability has come under challenge from recent cases and commentary which either minimise the scope and analytical relevance of accessory liability altogether in equity and tort law or propound a conceptual framework for accessory liability that is fixed in its application and uniform in its content across the whole of private law. Our purpose in this article is to resist both the dismissal, and simplification, of accessory liability in private law.

中文翻译：

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挑战私法中的附属责任概念

本文关注最近对“从属责任”作为私法组织原则或概念的效用的挑战，并认为从属责任是一个具有共同特征的连贯法律体系，值得单独、整体处理。我们为附属责任的概念框架辩护，该框架在其运作中是动态的，并且并未规定不同情况下附属责任的精确法律内容。这种从属责任的概念受到近期案例和评论的挑战，这些案例和评论要么在衡平法和侵权法中将从属责任的范围和分析相关性最小化，要么提出一个在应用中固定且在其适用范围内统一的从属责任概念框架。内容贯穿整个私法。