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Limitation Act 1980: Difference between revisions
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Now, you might say a promise a fellow ''has'', but about which he can’t put himself at the mercy of Her Majesty’s Courts isn’t much use when you are dealing with the kind of [[ISDA ninja|ninja]]s we see in the financial markets — Sir Geoffrey Boycott’s dear grandmother facing down the West Indies’ pace attack with a stick of rhubarb comes to mind — but there are a few pieces of legal conjuring that might yet avail you: in particular, the [[negligence]] of your opponent’s counsel, should they fail to plead the [[Limitation Act]], and, even better than that, ''[[set-off]]''. | Now, you might say a promise a fellow ''has'', but about which he can’t put himself at the mercy of Her Majesty’s Courts isn’t much use when you are dealing with the kind of [[ISDA ninja|ninja]]s we see in the financial markets — Sir Geoffrey Boycott’s dear grandmother facing down the West Indies’ pace attack with a stick of rhubarb comes to mind — but there are a few pieces of legal conjuring that might yet avail you: in particular, the [[negligence]] of your opponent’s counsel, should they fail to plead the [[Limitation Act]], and, even better than that, ''[[set-off]]''. | ||
For Her Majesty’s judiciary are not needed to effect a [[set-off]]: it is a self-help remedy you can mend and make do on your own. Should you owe the same debtor some money under a live obligation, you might seek to set that off against your dead one. | For Her Majesty’s judiciary are not needed to effect a [[set-off]]: it is a self-help remedy you can mend and make do on your own. Should you owe the same debtor some money under a live obligation, you might seek to set that off against your dead one. Authority for this — though it is hard to find a copy online — is {{cite|Royal Norwegian Government|Constant & Constant|1960|2Lloyd’sRep|431}} | ||
===“[[Simple contract]]s”=== | ===“[[Simple contract]]s”=== | ||