13-7-2. Nature of recoupment generally.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 483; merge action: annotated; file SHA-256 18573afb153d.