recoupmentn.
/rᵻˈkuːpm(ə)nt/, U.S. /riˈkupm(ə)nt/, /rəˈkupm(ə)nt/ 1. Law. The act or practice of recouping monies due (cf. recoup v. 2), esp. a counterclaim made by a defendant which, if successful, would reduce the amount of damages to be paid to the plaintiff; the result of this, a reduction or deduction.
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1719 Act 5 Geo. I 357 Such Deductions, Abatements, Recoupments, as are allowed or permitted to be made by the said Corporation.
1869 T. W. Waterman Treat. Law of Set-off & Recoupment 468 It is evident that recoup or recoupment, in its original sense, was a mere right of reduction from the amount of the plaintiff's recovery.
1880 Edinb. Rev. Apr. 357 A claim for the recoupment of a fee of which he had not executed the conditions.
1912 Yale Law Jrnl. 21 540 If the owner should ask for any equitable relief against the occupant,..the occupant is allowed a recoupment for the value of his improvements.
1953 Words & Phrases (St. Paul, Minn.) XXXIX. 28/2 A ‘recoupment’ is a counterclaim arising out of the contract sued upon, whereas a ‘set-off’ is a counterclaim arising from an independent transaction.
2006 M. D. Joblove & S. E. Korzenowski Ann. Franchise & Distribution Law Devel. iii. 18 The court also dismissed the equitable recoupment claim, stating that it can be raised only as a counterclaim to decrease another party's recovery.
2. The fact of being recouped for loss or expense; reimbursement, recompense.
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1888 Act 51 & 52 Vict. c. 20 §5 The amount paid towards such recoupment shall be dealt with as purchase money of the land under this Act.
1905 Daily Chron. 18 July 5/5 The full effect of ‘recoupment’ and ‘betterment’ would reduce it [sc. the net cost].
1940 Jrnl. Polit. Econ. 48 661 Patience would have its reward in a recoupment of paper losses.
1994 Daily Tel. 28 Feb. 28 (advt.) Recoupment of benefits through the Compensation Recovery Scheme.
This entry has been updated (OED Third Edition, June 2009; most recently modified version published online March 2022).
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