recoupment

recoupment
Literally, a cutting back. Davenport v Hubbard, 46 Vt 200. A deduction from a money claim whereby cross demands arising out of the same transaction are allowed to compensate one another, the balance only to be recovered. National Cash Registet Co. v Joseph, 299 NY 200, 86 NE2d 561, 12 ALR2d 812. 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. 20 Am J2d Countel § 1. 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. National Cash Register Co. v Joseph, 299 NY 200, 86 NE2d 561, 12 ALR2d 812.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • recoupment — re·coup·ment /ri küp mənt/ n 1: the process or fact of recouping recoupment of expenses 2 a: a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupment b …   Law dictionary

  • Recoupment — is the practice, common in the music industry, of claiming an advance provided to an artist back from that artist rather than (or, as well as) from related sources. Many record labels practice recoupment, and most new artists have little choice… …   Wikipedia

  • Recoupment — Re*coup ment ( ment), n. The act of recouping. [1913 Webster] Note: Recoupment applies to equities growing out of the very affair from which thw principal demand arises, set off to cross demands which may be independent in origin. Abbott. [1913… …   The Collaborative International Dictionary of English

  • recoupment — A reduction or rebate in proceeds claimed by a party arising from the same transaction with another party, as opposed to a set off which arises from a transaction that is collateral or somehow related to the same transaction. (Bernstein s… …   Glossary of Bankruptcy

  • recoupment — /rakuwpmant/ To recover a loss by a subsequent gain. In pleading, to set forth a claim against the plaintiff when an action is brought against one as a defendant. A keeping back something which is due, because there is an equitable reason to… …   Black's law dictionary

  • recoupment — recoup ► VERB ▪ regain (a loss). DERIVATIVES recoupable adjective recoupment noun. ORIGIN French recouper retrench, cut back …   English terms dictionary

  • recoupment — noun see recoup …   New Collegiate Dictionary

  • recoupment — See recoupable. * * * …   Universalium

  • recoupment — noun A recovery of what had been lost. See Also: recoup …   Wiktionary

  • recoupment — rɪ kuːpmÉ™nt n. payment, reimbursement; deduction, act of withholding; compensation, restitution …   English contemporary dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”