Examining 'Equitable' Retention

24 Pages Posted: 8 Feb 2015 Last revised: 16 Feb 2015

Date Written: February 6, 2015

Abstract

This paper considers the boundary between compensation and retention of debts and argues that compensation is a narrower doctrine that previously understood. The principles within the doctrine of retention of debts are considered and the similarities between retention based on mutuality of contract and equitable retention explored. Equitable retention is examined in detail with analysis of the factors that have influenced the court in exercising its discretion to allow a plea of equitable retention in cases from the 17th century to the present day considered.

Keywords: Compensation, set off, retention

Suggested Citation

Richardson, Lorna, Examining 'Equitable' Retention (February 6, 2015). Edinburgh School of Law Research Paper No. 2015/05, Available at SSRN: https://ssrn.com/abstract=2561498 or http://dx.doi.org/10.2139/ssrn.2561498

Lorna Richardson (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, Scotland EH8 9JY
United Kingdom

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