2021 Georgia Code
Title 13 - Contracts
Chapter 7 - Setoff and Recoupment
§ 13-7-2. Nature of Recoupment Generally
Recoupment is 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 contract upon which suit is brought.
(Orig. Code 1863, § 2850; Code 1868, § 2858; Code 1873, § 2909; Code 1882, § 2909; Civil Code 1895, § 3756; Civil Code 1910, § 4350; Code 1933, § 20-1311.)
Cross references.- Counterclaim and cross claim, § 9-11-13.
Effect of counterclaim exceeding opposing claim under Civil Practice Act, § 9-11-13.
Joinder of claims and remedies under Civil Practice Act, § 9-11-18.
Law reviews.- For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Application
- Pleadings and Practice
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 1, 2, 6, 10, 12, 17.
C.J.S.- 80 C.J.S., Set-Off and Counterclaim, § 2.
ALR.- Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.