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Part III Set-Off Between Solvent Parties, 5 General Aspects of Set-Off Between Solvent Parties Under English Law

From: Set-Off in Arbitration and Commercial Transactions

Pascal Pichonnaz, Louise Gullifer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Independent set-off — Transaction set-off — Contractual set-off — Netting
5.01 In English law, set-off operates both outside insolvency, and where one or both parties are insolvent. The English law of insolvency set-off is discussed in Part IV, and so the discussion in this chapter is entirely focused on the position between solvent parties. Even with this limitation, the law is somewhat complex, as there are different types of set-off, each of which has its own history and purpose. The nomenclature used by the courts, as well as by writers, for these different types of set-off is not stable. Since this is potentially a source of...
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