recoupment

recoupment (ri-koop-m[schwa]nt), n.

1. The recovery or regaining of something, esp. expenses.

2. The withholding, for equitable reasons, of all or part of something that is due. See EQUITABLE RECOUPMENT(1), (2).

3. Reduction of a plaintiff’s damages because of a demand by the defendant arising out of the same transaction. See EQUITABLE RECOUPMENT(3). Cf. SETOFF(2). [Cases: Set-off and Counterclaim

6. C.J.S. Set-off and Counterclaim §§ 2, 11.]

4. The right of a defendant to have the plaintiff’s claim reduced or eliminated because of the plaintiff’s breach of contract or duty in the same transaction.

5. An affirmative defense alleging such a breach.

6. Archaic. A counterclaim arising out of the same transaction or occurrence as the one on which the original action is based. • In modern practice, the recoupment has been replaced by the compulsory counterclaim. — recoup, vb.


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