Part 2Remedies for Breach of Contract

Contractual retention

25Interaction of contractual retention with existing law

Sections 22 to 24 are without prejudice to—

(a)

the application of any enactment, or rule of law, including in relation to—

(i)

lien,

(ii)

set off, netting, or close out,

(iii)

compensation,

(iv)

anticipatory breach of contract (except as specifically provided by this Act),

(v)

the remedy known as equitable or special retention,

(vi)

any other circumstances in which the right to retain or abate obligations is conferred, including in relation to retention for reasons other than contractual breach, and

(b)

the power of a court to refuse the exercise of contractual retention where that retention is, or would be, inequitable.