ABSTRACT
This chapter is concerned with how the type of accessorial liability has arisen in some businesses that were particularly reliant on their operational platform in digital and crypto-economies. It begins with a definition and reviews the liability for third parties. It explores several examples of third party liability emanating from online international financial transactions, high volume trading in the stock market and the provision of banking services to crypto-currency exchanges. The chapter looks at the challenges facing plaintiffs and regulators who attempt to trace missing crypto-currencies into the hands of wrong-doers and knowing participants in that wrong-doing. The liability of third parties for the wrong-doing of another is well established in the criminal and civil jurisdictions. While the core elements that ground liability for breach have remained constant, the methods employed by errant Trustees and fiduciaries breach have changed dramatically since the end of the 20th century.
