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 • In modern practice, the recoupment has been replaced
by the compulsory counterclaim.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. [Blacks Law 8th]