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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. 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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


n. the right of a defendant in a lawsuit to demand deduction from the amount awarded to plaintiff (party bringing the suit) a sum due the defendant from the plaintiff in the transaction which was the subject of the lawsuit. Example: Laura Landlord sues Tillie Tenant for nonpayment of rent, Tenant is entitled to deduct a deposit made at the commencement of the lease, or an amount Landlord received from re-renting the apartment before the lease expired. A recoupment is not the same as an "offset" (setoff) which can be money owed from any matter, including outside the lawsuit.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Flybe said: "We received two claims from Recoup Finance on behalf of the Firths.
RECOUP says in terms of legislation, the role of Extended Producer Responsibility (EPR) and ambitions for the future, the next two-to-three years provides another window of opportunity for the UK, with the potential for a greater producer fund responsible for the delivery of a national consumer-focused communications strategy prioritising reducing contamination and encouraging recycling rates.
Under current tolls it would take one to two years for the Government to recoup its costs but at the moment it is deliberately keeping its intentions hidden.
* The original owners are satisfied with the lower utility costs and do not feel the need to recoup the investment through a higher sale price.
"Later this year the aim is to further increase collection levels of all plastic bottles as part of a national plastic recycling communications initiative Recoup are leading on.
According to the report, presently just 73 million pounds-a-year is being recouped out of more than 460 million pounds.
“This new addition is an important step forward in our mission to create a multi-channel retail site offering great prices on thousands of products that support local and national causes and schools,” said Luca Pivato, CEO of Recoup. “We are excited to welcome EcoBabyBuys users and launch the Recoup Eco Baby Channel featuring green products for moms and supporting great causes dedicated to kids.”
Goodwillie has a year left on his three-year deal but even though he has been told he's not part of new manager Gary Bowyer's plans, the Lancashire side have outlined their determination to recoup some cash after coughing up PS2.2million for the striker two years ago.
** Did not recoup its full capitalization costs during its Broadway run.
A bathroom remodel can recoup about 64 percent, while a bathroom addition is more likely to come in at 53 percent.
Goldman Sachs (NYSE: GS) has estimated that the Federal Reserve would have to buy assets worth about USD4bn in order to help the economy recoup.
A PARTY is being thrown to celebrate the end of Coventry's PFI incinerator plans and help campaigners recoup the cash they spent fighting the scheme.