Contract: The root of the problem

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | Procurement & Outsourcing Journal | May/June 2014 #18
David Sawtell reviews the law of repudiation When determining whether a breach of an innominate term has “gone to the root” of a contract, the courts have adopted a more easily applied list of factors to be consideredWhere a defaulting party is in repudiatory breach of an agreement, the injured party is not only entitled …

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Debt: Call it quits

Macfarlanes LLP | The Commercial Litigation Journal | January/February 2011 #35
Jonathan Arr explores recent decisions in the area of set-off ‘Certain types of set-off (including equitable set-off) can be usedot only as a defence to a claim, but also, even where litigation isot in view, to reduce or eliminate monies owed to another party.’In his classic treatise on set-off, Rory Derhamotes that this area of …

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