2022 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.
History. 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).
