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The Banker's Remedy of Set-Off

By: Sheelagh McCracken
Media of The Banker's Remedy of Set-Off
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Published: 15-04-2021
Format: Hardback
Edition: 4th
Extent: 400
ISBN: 9781784516826
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : €325.00
 

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Loren Epson

About The Banker's Remedy of Set-Off

Divided into five Parts that discuss in great detail the relevance, concept, nature, scope and application of set-off, The Banker's Remedy of Set-Off traces the development of the concept from its varying origins in statute, equity and contract. It argues that the concept is rooted in notions of justice and fairness and that in its modern form set-off provides an effective and highly useful mechanism for reducing risk in common banking transactions.

The book highlights not only the actual scope of set-off, but also its manner of operation. It cuts through the confusing terminology which often obscures the role of set-off, carefully distinguishing set-off from combination and netting.

With case law and legislation fully updated, the new 4th edition will also include:

Development of the analysis of: priority issues, both pre-and post-insolvency; practical scenarios illustrating the mechanics of set-off; and netting, both under general law and statute and its relationship with the doctrine of combination as well as set-off.
Coverage and analysis of new topics including: the role and impact of set-off and netting in the financial markets, extending the examination beyond the current focus on specific transactions between banker and customer/client; and the operation of set-off and netting under personal property securities- style legislation recently implemented in Australia, drawing on comparative material in Canada and New Zealand and on the work of various international agencies;
Further exploration of the conceptual basis for set-off in the light of the authors current research on the doctrines of marshalling and contribution, re-examining in particular a range of factors potentially influencing the intervention of equity.

Table Of Contents

PART I - THE RELEVANCE OF SET-OFF UNDER THE BANKING CONTRACT
Chapter 1: Problems of terminology
PART II - THE CONCEPT OF SET-OFF
Chapter 2: An historical viewpiont
Chapter 3: A modern viewpoint
Chapter 4: Criteria for the operation of set-off
Chapter 5: Manner of operation of set-off
PART III - THE NATURE OF SET-OFF
Chapter 6: Set-off as a procedural claim
Chapter 7: Set-off as a substantive or remedial claim
Chapter 8: Potential policy objections to set-off as a remedy
PART IV - THE SCOPE OF SET-OFF AS A REMEDY
Chapter 9: Set-off as a contractual remedy
Chapter 10: Set-off as a security
Chapter 11: Impact of bankruptcy and liquidation
PART V - THE APPLICATION OF SET-OFF AS A REMEDY
Chapter 12: Set-off in common banking transactions
Chapter 13: Conclusion

Reviews

“McCracken's book provides a comprehensive analysis of the English law of set-off, its practical operation in the banker-customer relationship as well as the theoretical underpinnings” –  Marek Dubovec, Journal of International Banking Law and Regulation (Review of 3rd Edition)

“it is excellent news for all who need to understand this topic - which should be simple, but can be extraordinarily complex and impenetrable - that the author has decided to return to it [a new edition]...[the author] clearly knows the subject inside out.” –  Roger McCormick, Law and Financial Markets Review (Review of 3rd Edition)

“What is so striking about the book is the rigour with which the author addresses the very difficult theoretical problems underlying the law of set-off” –  Sir Roy Goode QC, Emeritus Professor of Law, Foreword to the 1st Edition

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