On the Typology of the Tort of Assistance and Its Imputed Elements
Our legislation and doctrine treat the infringement of assistance as joint infringement and impose joint li-ability on the helper.This view does not cover the various forms of combination and liability between the act of commission and assistance.Accordingly the infringement of assistance should be typified and the elements of liability reconstructed.The first form is joint infringement where the perpetrator and the helper are jointly liable.This requires that the two parties form an intentional link and that the intention of the helper is direct-ed towards the result of the damage sought to be achieved by the perpetrator.The second form is the tort of several persons without intentional contact,where the perpetrator and the helper form adirect/indirect union and are jointly/partially/combined liable.This requires that the result of the damage falls within the will of the helper or is foreseeable and that there is a substantial causal link between the helping act and the result of the damage.The third form is an intermediate form between joint infringement and unintentional infringe-ment,where the helper remains jointly liable with the perpetrator.This requires that the helper has a clear intent to cause the damage and that the contributory effect of the conduct constitutes an elemental causal link to the result of the damage.
Infringement of AssistanceJoint InfringementElemental CausationDual CausationIndirect Causation
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