Topic 4

Question 1

What are the conditions for set-off?

Answer 1

amount must be certain
amount must be owing between same parties
amount must be owed between two parties of the same right

Question 2

What are the situations where set-off applies automatically?

Answer 2

notice of death
company’s liquidation
court orders

Question 3

What are the court orders?

Answer 3

garnishee order

injunction

Question 4

What are the rules of appropriation by payment

Answer 4

debtor
creditor
clayton
hallett