Tag Archives: Set-off

Court of Appeal overturns Commercial Court on construction of retention of title clause

In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as agent of the seller (and not as principal, as the Commercial … Continue reading

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Court of Appeal found agreement to pay instalments excluded right of set-off

The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the mechanics and timing of payments, had the effect of excluding the defendant’s right of equitable … Continue reading

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Commercial Court upholds “no set-off” clause

In a recent decision, the Commercial Court granted summary judgment on a seller’s claim for approximately US$12 million as the price due under a commercial supply contract. The court found that a “no set-off” clause in the seller’s standard terms … Continue reading

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