Equitable Recoupment - Law Dictionary Search Results
Home Dictionary Name: equitable recoupmentequitable recoupment
equitable recoupment : a doctrine that allows the government to collect a tax or a taxpayer to collect a refund of tax after the running of the statute of limitations for such collection in cases where the statute of limitations creates an inequitable result ...
recoupment
recoupment 1 : the process or fact of recouping [ of expenses] 2 a : a keeping back of all or part of a sum sought by a plaintiff in the interest of equity see also equitable recoupment b : a reduction in damages because of a demand by the defendant arising out of the same occurrence or transaction c : the right of a defendant to have the claim of the plaintiff reduced or eliminated by reason of a breach of contract or duty by the plaintiff in the same occurrence or transaction ;also : an affirmative defense alleging such a breach d : a counterclaim that arises out of the same occurrence or transaction as that of the original action compare set-off NOTE: Recoupment involves the type of claim that now must be asserted in a compulsory counterclaim. ...
recoup
recoup : recover [would the overpayment from current claims payments "City of Cordova v. Medicaid Rate Commn., 789 P.2d 346 (1990)"] ...
Recoup
To keep back rightfully a part as if by cutting off so as to diminish a sum due to take off a part from damages to deduct as where a landlord recouped the rent of premises from damages awarded to the plaintiff for eviction...
Recouper
One who recoups...
Recoupment
The act of recouping...
Recoup
Recoup, to keep back something due; to recompense....
Recoupment
Recoupment, The recovery or regaining of some-thing, esp. expenses, Black's Law Dictionary, 7th Edn., 1280....
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Just and equitable
Just and equitable, are a recognition of the fact that a limited company is more than a mere legal entity with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectation and obligation inter se which are not necessarily submerged in the company structure. A. Company H.L.(E) (in re:), (1999) 1 WLR 1092.Just and equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be super imposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula, Hind Overseas Private Limited v. Raghunath Prasad Jhunljunwalla, AIR 1976 SC 565 (574): (1976) 3 SCC 259: (1976) 2 SCR 226.The words 'just and equitable' which occur in...
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