Legal Dictionary
Counterclaim
Definition
A claim made to rebut a previous claim.
Deep Dive
A counterclaim is a claim made by a defendant in a lawsuit against the plaintiff, essentially turning the tables and allowing the defendant to assert their own cause of action within the same litigation. Rather than simply denying the plaintiff's allegations, a counterclaim seeks affirmative relief, meaning the defendant is asking the court to grant them a favorable judgment or damages against the original plaintiff. This legal tool is frequently used to resolve all related disputes between the parties in a single lawsuit, promoting judicial efficiency and preventing the need for separate trials.
Examples & Use Cases
- 1In a breach of contract lawsuit, the defendant company files a counterclaim alleging that the plaintiff company also breached a different clause of the same contract
- 2A tenant sues their landlord for an unsafe living condition, and the landlord files a counterclaim for unpaid rent and damages to the property
- 3A company sued for patent infringement files a counterclaim asserting that the plaintiff's patent is invalid or that the plaintiff also infringed on their patents
Related Terms
PleadingCross-ClaimAffirmative DefensePlaintiffDefendant