The Banker's Remedy of Set-off |
Contents
Problems of terminology under the banking contract | 3 |
Rejection of the concept of lien | 9 |
Support for the concept of combination | 20 |
Copyright | |
16 other sections not shown
Common terms and phrases
action agreement amount appear argued argument arising Assemblies Ltd assertee assertor Australia Bank Corpn banker and customer bankrupt basis breach of contract Chapter charge circumstances commercial context contractual set-off court of equity credit balance creditor cross-claim debt owed debtor defence dependent Derham discussion EISO Emphasis added equitable set-off example exercise of set-off fact Federal Commerce Felixstowe form of set-off Gummow & Lehane Halesowen Presswork Hanak v Green House of Lords Ibid impeachment infra Insolvency Act 1986 insolvency legislation justice and fairness liability lien Lloyd's Rep Lord Denning LPCS 2nd edn National Westminster Bank nonetheless notions of justice obligation op cit operation of set-off particular parties payment plaintiff potential Presswork & Assemblies procedural provision Punjab National Bank question recognised relationship relevant relied right of combination set-off in equity simply specific performance Statutes of Set-off supra n 18 transaction Viscount Dilhorne