| Commentary

57.3 Express right of set-off

| Commentary

57.3 Express right of set-off

If one or both parties are to have the right to set off debts owing to the other, it is preferable, to avoid any possibility of uncertainty, to state this clearly in the agreement. It is possible to frame the right of set-off widely, applying to all sums owing, whether under that particular agreement or otherwise, or it may be stated to apply only in relation to, for example, ‘the purchase price’.

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