21/8/19 Recoupment

The term recoupment has several meanings:
  • To recover a loss by a subsequent gain.
  • In a pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant.
  • Keeping back of something that is due, because there is an equitable reason to withhold it.
  • A right of the defendant to have a deduction from the amount of the plaintiff’s damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract.