| Commentary

57.5 No right of set-off

| Commentary

57.5 No right of set-off

If payments are to be made in full, with no set-off, this must be expressly stated in the clearest possible terms. It is also usual to rule out ‘counter-claims’, as that term is wider in scope than ‘set-off’ and may comprise a non-monetary claim, such as a claim for an injunction or specific performance. For example, the courts have held a provision that payments must be made ‘without any discount, deduction, set-off or counterclaim whatsoever’ is valid1. It is not necessary to use the actual word ‘set-off’, for example, in one case it was held

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