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.
|Name||Edinburgh Law School Working Papers|
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