The Law of Set-off

The Law of Set-off
Author: S. R. Derham
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2003
Genre: Law
ISBN: 9780198298007

This work has established itself as a leading authority on its subject. The Third Edition brings the book fully up to date with the latest case-law since the Second Edition was published in 1996. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.

Derham on the Law of Set-Off

Derham on the Law of Set-Off
Author: Rory Derham
Publisher: OUP Oxford
Total Pages: 0
Release: 2010-11-18
Genre: Law
ISBN: 9780199578825

This new edition of the leading authority on set-off brings the book fully up to date with the latest case law since the third edition was published in 2003. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.

Set-off

Set-off
Author: S. R. Derham
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 1996
Genre: Bankruptcy
ISBN: 9780198259077

This is a completely revised, updated, and much enlarged edition of Derham's Set-Off which, when first published in 1987, rapidly established itself as one of the leading works on the subject. The purpose of the second edition, as the first edition, is to set out the principles of the law ofset-off and related doctrines, such as the banker's right to combine accounts and the rule in Cherry v Boultbee. A right of Set-Off is particularly important in the event of the insolvancy of one of the parties to mutual dealings resulting in cross-demands. In effect it enables the s9olvent party toobtain payment in full for his claim against the insolvent party in the form of a deduction from his liability, rather than being confined to proof as an unsecured creditor in the bankruptcy or winding up of the insolvent party. For this reason considerable emphasis is placed on the application ofthe law of set-off to insolvencies. In addition, though, set-off between solvent parties (particularly equitable set-offs) receives detailed treatment. The effect of an assignment of a debt and the appointment of a receiver are also considered, as well as diverse other questions such as whether asurety is entitled to the benefit of a right of set-off available to the principal debtor against the creditor.This edition is once again based primarily upton English case and staute law but also includes extensive references to Australian law, New Zealand and Irish law, and cases from a variety of jurisdictions involving international and cross-border set-off.

The Principles of Personal Property Law

The Principles of Personal Property Law
Author: Duncan Sheehan
Publisher: Bloomsbury Publishing
Total Pages: 633
Release: 2017-05-18
Genre: Law
ISBN: 1509901337

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

Set-Off Law and Practice

Set-Off Law and Practice
Author: William Johnston
Publisher: Oxford University Press
Total Pages: 673
Release: 2018-02-22
Genre: Law
ISBN: 0192536516

The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.

Derham on the Law of Set-off

Derham on the Law of Set-off
Author: S. R. Derham
Publisher:
Total Pages: 982
Release: 2010
Genre: Bankruptcy
ISBN: 9780191812033

This edition brings the book fully up to date with the latest case-law in the UK, Astralia, Canada and New Zealand since the third edition was published in 2002.

The Assignment of Contractual Rights

The Assignment of Contractual Rights
Author: Gregory J. Tolhurst
Publisher: Bloomsbury Publishing
Total Pages: 545
Release: 2016-06-16
Genre: Law
ISBN: 1509902430

This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.

Set-off and Netting, Derivatives, Clearing Systems

Set-off and Netting, Derivatives, Clearing Systems
Author: Philip R. Wood
Publisher: Sweet & Maxwell
Total Pages: 389
Release: 2007
Genre: Bail
ISBN: 1847032133

This title covers the essentials of set-off and netting, derivatives and clearing systems law with a very practical slant, providing the reader with a comparative overview of the law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting

Comparative Foundations of a European Law of Set-Off and Prescription

Comparative Foundations of a European Law of Set-Off and Prescription
Author: Reinhard Zimmermann
Publisher: Cambridge University Press
Total Pages: 196
Release: 2002-06-27
Genre: Law
ISBN: 1139434624

The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.

Equity and Administration

Equity and Administration
Author: P. G. Turner
Publisher: Cambridge University Press
Total Pages: 601
Release: 2016-05-26
Genre: Law
ISBN: 1316578097

Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.