Examining "equitable" retention

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

The operation of compensation, whereby a liquid debt reduces or extinguishes a liquid debt, is well understood, as is retention of a sum due under a contract on the principle of mutuality. Less understood is the doctrine of retention of debts, the so-called “other type of retention” or “equitable” retention discussed in obiter remarks by Lord Rodger in the UK Supreme Court decision in Inveresk plc v Tullis Russell Papermakers Ltd [2010] UKSC 19. This form of “equitable” retention is the subject of a detailed study by Lorna Richardson in this article.
Original languageEnglish
Pages (from-to)18-41
JournalEdinburgh Law Review
Volume20
Issue number1
DOIs
Publication statusPublished - 1 Jan 2016

Keywords / Materials (for Non-textual outputs)

  • contract law
  • compensation
  • retention
  • mutuality
  • equitable retention
  • retention of debt

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