{"id":11291,"date":"2017-12-22T04:41:17","date_gmt":"2017-12-22T04:41:17","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11291"},"modified":"2017-12-22T04:48:22","modified_gmt":"2017-12-22T04:48:22","slug":"recoupment-reduction-of-a-plaintiffs-damages-because-of-a-demand-by-the-defendant-arising-out-of-the-same-transaction-as-opposed-to-a-different-transaction-which-is-a-setoff","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11291","title":{"rendered":"Recoupment – reduction of a plaintiff’s damages because of a demand by the defendant arising out of the same transaction (as opposed to a different transaction, which is a setoff)"},"content":{"rendered":"

recoupment<\/span>:<\/strong><\/span>
\nn<\/em>. (17c)<\/span><\/p>\n

1. The getting back or regaining of something, especially expenses.<\/span><\/strong><\/p>\n

2. The withholding, for equitable reasons, of all or part of something that is due.<\/span><\/strong><\/p>\n

3. Reduction of a plaintiff’s damages because of a demand by the defendant arising out of the same transaction.<\/span><\/strong><\/p>\n

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.<\/span><\/strong><\/p>\n

5. An affirmative defense alleging such a breach.<\/span><\/strong><\/p>\n

6. Archaic. <\/em>A counterclaim arising out of the same transaction or occurrence as the one on which the original action is based.\u00a0 *\u00a0 In modern practice, the recoupment has been replaced by the compulsory counterclaim.<\/strong> \u2014 recoup<\/strong><\/span>, vb<\/em>. [1]<\/span><\/p>\n

1. Literally, a cutting back.\u00a0 Davenport v Hubbard<\/em>, 46 Vt 200<\/span>.<\/span><\/strong><\/p>\n

A deduction out of the same transaction are allowed to compensate one another, the balance only to be recovered.\u00a0 National Cash Register Co. v Joseph<\/em>, 290 NY 200, 86 NE2d 561, 12 ALR2d 812<\/span>.<\/span><\/strong><\/p>\n

The right of a defendant, in the same action, to cut down the plaintiff’s demand either because the plaintiff has not complied with some cross obligation of the contract on which he sues or because he has violated some duty which the law imposes on him in the making or performance of that contract.\u00a0 20 Am J2d Countcl\u00a0\u00a7 1<\/span>.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 Recoupment, as distinguished from the offsetting of one transaction against another, means a deduction from a money claim whereby cross demands arising out of the same transaction are allowed to compensate one another and the balance only to be recovered.\u00a0 National Cash Register Co. v Joseph<\/em>, 290 NY 200, 86 NE2d 561, 12 ALR2d 812<\/span>.<\/strong> [2]<\/span><\/p>\n

1.In pleading<\/a>, a reduction of a plaintiff’s money claim as a result of a claim of the defendant arising out of the same transaction.\u00a0 More specifically, the right of a defendant to reduce the plaintiff’s demand because the plaintiff has not fulfilled some obligation of the contract upon which she is suing.\u00a0 Recoupment is achieved through a counterclaim.\u00a0 Recoupment should be distinguished from a setoff, which involves cross-demands arising out of different transactions rather than out fo the same transaction.<\/span><\/strong><\/p>\n

2. The act of getting back what one has lost.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

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[1]: Black’s Law Dictionary <\/a>Deluxe Tenth Edition<\/a><\/span><\/strong> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine’s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/a> <\/b><\/span><\/em>by Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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