8.01 The answer to the question whether the main claim and the cross-claim can arise from different contracts (or different sources) varies between the civilian traditions and the English law; it depends also on the various types of set-off. The answer is quite straightforward in civil law (Section A), but is much more complicated in English law (Section B). General principles have tried to find a midpoint with set-off by notice and will be discussed at that stage.1 Because of the complications in the English law approach, this chapter first considers the civil...
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