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Single choiceIntermediatePublished

Question · The legally enforceable right of set-off

Jade SA holds a deposit of 500,000 with the bank Terra and a loan of 480,000 from the same bank. The agreement between Jade and Terra gives Jade the right to set off these amounts only in the event of default by Terra or Jade (case facts). Jade intends to settle on a net basis. Is the criterion of a legally enforceable right of set-off met?

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