Derham here describes the principles governing the law of set-off--the right to plead a compensating debt against a creditor, thereby diminishing his or her claim to that extent. Though the law has received little scholarly attention, it is of substantial significance to business and financial communities, particularly in insolvency disputes.
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Table of Statutes
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agent agreement applied arising assets assignee assignor Assurance Company Australia Bank Ltd bankrupt bankruptcy legislation Beav bill Boultbee breach broker Cherry chose in action claim common law Companies Act Company Limited Compare contract Court of Appeal creditor cross-claim cross-demand damages debit debt owing deduction defendant demands discussion dividend effect entitled equitable set-off executor fact Halesowen held indebtedness Insolvency Act 1986 Insurance judgment legatee liability liquidation Lloyd's Rep Lord Denning Mareva injunction Mid Wales Railway mortgage mutual credit provision notice Nova Jersey NSWLR NZLR obligation paid payable payment person plaintiff Prudential Assurance Company received relevant date respect right of set-off right to participate rule set-off section Statutes of Set-off sued surety take subject third party trustee in bankruptcy undisclosed principal unliquidated winding-up