Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010

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