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In brief: Excluding liability and extinguishing set-off (Philp and another v Cook)

In brief: Excluding liability and extinguishing set-off (Philp and another v Cook)
Published on: 07 December 2017
Published by: LexisPSL
  • In brief: Excluding liability and extinguishing set-off (Philp and another v Cook)
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Article summary

Dispute Resolution analysis: Rosamund Baker, barrister at Selborne Chambers, considers the case of Philp and another v Cook, in which the High Court construed the effect of a contractual provision in a share purchase agreement which excluded the sellers’ liability for a breach of warranty where the buyer failed to notify the sellers of a claim within a certain period of time. The High Court followed Aries Tanker Corporation v Total Transport Ltd, the Aries [1977] 1 All ER 398 in stating that a contractual limitation bar could not only preclude a party from setting up a counterclaim but could also preclude a party from relying upon equitable set-off as a defence. In the circumstances of this particular contract, the High Court held that the buyer was so precluded from relying upon equitable set-off. or take a trial to read the full analysis.

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