The Banker's Remedy of Set-Off
By: Sheelagh McCracken
“What is so striking about the book is the intellectual rigour with which the author addresses the very difficult theoretical problems underlying set-off” Professor Roy Goode (from Foreword to the first edition) The Banker's Remedy of Set-Off traces the development of set-off from its varying origins in statute, equity and contract and explains how it works in practice, giving examples of set-off in different contexts. This well-respected text covers all aspects of the law from common banking transactions to cross-border debts, ensuring that you receive expert guidance, whether you are dealing with debts from private individuals or multi-national companies. Split in to five Parts covering the relevance of set-off under the banking context, the concept of set-off, the nature of set-off, the scope of set-off as a remedy and the application of set-off as a remedy, it is an invaluable tool to banking and finance lawyers, corporate counsels in banks and other financial institutions, and solicitors and barristers in commercial practice. It is also of interest and practical use to bankers and accountants who want to be on top of their game and advise their clients with confidence.
AI Overview
"The Banker's Remedy of Set-Off" by Sheelagh McCracken is a comprehensive legal treatise that delves into the concept and application of set-off in financial law. Here is a detailed overview of the book:
Key Themes
- Set-Off Concept: The book provides a thorough examination of the concept of set-off, distinguishing it from combination and netting. It clarifies the role of set-off in financial transactions and its relevance in various legal contexts.
- Relevance and Scope: The book discusses the broader relevance and scope of set-off, including its application in financial markets and personal property securities.
- Case Law and Legislation: The book is fully updated with recent case law and legislation, ensuring that the analysis is current and relevant.
- Comparative Analysis: It draws on comparative material from Australia, Canada, New Zealand, and international agencies to provide a comprehensive understanding of set-off.
Plot Summary
The book is structured into five parts, each addressing different aspects of set-off:
- Relevance: The first part explores the importance and relevance of set-off in financial transactions.
- Concept: The second part delves into the conceptual basis for set-off, clarifying its distinction from combination and netting.
- Nature: The third part examines the nature of set-off, including its operation and impact in various legal contexts.
- Scope: The fourth part discusses the scope of set-off, covering its application in different areas of financial law.
- Application: The final part provides practical insights into the application of set-off, including its operation under personal property securities and in financial markets.
Critical Reception
The book has received positive reviews for its comprehensive coverage and analysis of set-off. Here are some key points from the critical reception:
- Comprehensive Overview: The book is praised for cutting through confusing terminology and providing a clear understanding of set-off.
- Updated Case Law: The inclusion of fully updated case law and legislation is highlighted as a significant strength, ensuring the book remains relevant and authoritative.
- Comparative Material: The use of comparative material from various jurisdictions and international agencies adds depth to the analysis, making it a valuable resource for legal professionals.
Edition and Publication Details
- Edition: The book is available in its 4th edition.
- Publication: It was published by Bloomsbury Professional in July 2023 (UK) and September 2023 (US).
- Pages: The book contains 400 pages.
- ISBN: The hardcover edition has the ISBN 9781784516826, while the e-book edition has the ISBN 9781784516833.
Overall, "The Banker's Remedy of Set-Off" by Sheelagh McCracken is a seminal work in the field of financial law, offering a detailed and authoritative exploration of the concept and application of set-off.