Compromise


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compromise

1) n. an agreement between opposing parties to settle a dispute or reach a settlement in which each gives some ground, rather than continue the dispute or go to trial. Judges encourage compromise and settlement, which is often economically sensible, since it avoids mounting attorneys fees and costs. 2) v. to reach a settlement in which each party gives up some demands. (See: settlement)

COMPROMISE, contracts. An agreement between two or more persons, who, to avoid a lawsuit, amicably settle their differences, on such terms as they can agree upon. Vide Com. Dig. App. tit. Compromise.
     2. It will be proper to consider, 1. by whom the compromise must be made; 2. its form; 3. the subject of the compromise; 4. its effects.
     3. It must be made by a person having a right and capacity to enter into the contract, and carry out his part of it, or by one having lawful authority from such person.
     4. The compromise may be by parol or in writing, and the writing may be under seal or not: though as a general rule a partner cannot bind his copartner by deed, unless expressly authorized, yet it would seem that a compromise with the principal is an act which a partner may do in behalf of his copartners, and that, though under seal, it would conclude the firm. 2 Swanst. 539.
     5. The compromise may relate to a civil claim, either as a matter of contract, or for a tort, but it must be of something uncertain; for if the debt be certain and undisputed, a payment of a part will not, of itself, discharge the whole. A claim connected with a criminal charge cannot be compromised. 1 Chit. Pr. 17. See Nev. & Man. 275.
     6. The compromise puts an end to the suit, if it be proceeding, and bars any Suit which may afterwards be instituted. It has the effect of res judicata. 1 Bouv. Inst. n. 798-9.
     7. In the civil law, a compromise is an agreement between two or more persons, who, wishing to settle their disputes, refer the matter, in controversy to arbitrators, who are so called because those who choose them give them full powers to arbitrate and decide what shall appear just and reasonable, to put an end -to the differences of which they are made the judges. 1 Domat, Lois Civ. lib. h.t. 14. Vide Submission; Ch. Pr. Index, h.t.

References in periodicals archive ?
Generally no, by entering into a compromise agreement an employee is agreeing to forgo her/his rights to take her/his claim to an employment tribunal.
But anti-gun goals have advanced, thereby eliminating any chance for compromise today.
"An Offer in Compromise is an agreement between a taxpayer and the IRS that resolves the taxpayer's liability.
The survey found a smaller number of people who believe that deeply religious elected officials sometimes have to compromise in the political arena, with major decreases among those who attend religious services weekly.
21, 2018, compromise deal for payment of an additional P1,122,416,969.92 to R-II Builders Inc.
Compromise is a strong factor in leadership success.
In a democracy, being able to compromise and knowing how is a core skill for governing.
'The ERC convinced the parties to enter into a compromise for a period of 60 days.
Regeneration projects could transform an area in a few years, meaning an initial compromise may pay off in the long run.
Colin Powell, former chairman of the Joint Chiefs of Staff and secretary of state, said, "Just as they did in Philadelphia when they were writing the Constitution, sooner or later, you've got to compromise. You've got to start making the compromises that arrive at a consensus and move the country forward."
ISLAMABAD -- Supreme Court (SC) has summoned report from district sessions judge Jhelum within a month on the compromise deal reached between the family members of murderer and victim in a case of killing in the name of honor.
ISLAMABAD:The Supreme Court (SC) on Tuesday summoned a report regardingthe compromise deal reached between the murderer and the victim'shusband in an honour killingcase.