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Part III Set-Off Between Solvent Parties, 7 The Requirement of Mutuality

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: 16 August 2022

Subject(s):
Set-off by notice — Judicial set-off — Cross-claims — Claims
7.01 All systems require some degree of mutuality for set-off, although this can be overridden by agreement. First, there is a requirement that the main claim and cross-claim be owed by and to the same parties. This can be called mutuality of parties (as it is in English law) or mutuality of claim (as it is in civil law). Secondly, there is a requirement that the parties are debtor and creditor in relation to each claim. This can be called mutuality of interest (as in English law) or of capacity (as in civil law). Lack of such mutuality is most likely to arise...
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