compensation

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Compensation

A pecuniary remedy that is awarded to an individual who has sustained an injury in order to replace the loss caused by said injury, such as Workers' Compensation. Wages paid to an employee or, generally, fees, salaries, or allowances. The payment a landowner is given to make up for the injury suffered as a result of the seizure when his or her land is taken by the government through Eminent Domain.

compensation

n. 1) payment for work performed, by salary, wages, commission or otherwise. It can include giving goods rather than money. 2) the amount received to "make one whole" (or at least better) after for an injury or loss, particularly that paid by an insurance company either of the party causing the damage or by one's own insurer.

compensation

1 a monetary payment for loss or damage.
2 in Scotland, the right to set off one debt against another with the effect of reducing the one by the amount of the other. The right is not available after decree. It applies only to liquid debts or, at the discretion of the court, debts easily made liquid. There must be concursus debiti et crediti, meaning that each party must be the other's debtor and creditor. An executor sued for a private debt has been held unable to plead compensation in respect of a debt owed to him as executor. The rules operate differently in insolvency. See CRIMINAL INJURIES COMPENSATION.

COMPENSATION, chancery practice. The performance of that which a court of chancery orders to be done on relieving a party who has broken a condition, which is to place the opposite party in no worse situation than if the condition had not been broken.
     2. Courts of equity will not relieve from the consequences of a broken condition, unless compensation can be made to the opposite party. Fonb. c. 6; s. 51 n. (k) Newl. Contr: 251, et. seq.
     3. When a simple mistake, not a fraud, affects a contract, but does not change its essence, a court of equity will enforce it, upon making compensation for the error, The principle upon which courts of equity act," says Lord Chancellor Eldon, "is by all the authorities brought to the true standard, that though the party had not a title at law, because he had not strictly complied with the terms so as to entitle him to an action, (as to time for instance,) yet if the time, though introduced, as some time must be fixed, where something is to be done on one side, as a consideration for something to be done on the other, is not the essence of the contract; a material object, to which they looked in the first conception of it, even though the lapse of time has not arisen from accident, a court of equity will compel the execution of the contract upon this ground, that one party is ready to perform, and that the other ma, have performance in substance if he will permit it." 13 Ves. 287. See 10 Ves. 505; 13 Ves. 73, 81, 426; 6 Ves. 675; 1 Cox, 59.

COMPENSATION, contracts. A reward for services rendered.

COMPENSATION, contracts, civil law. When two persons are equally indebted to each other, there takes place a compensation between them, which extinguishes both debts. Compensation is, therefore, a reciprocal liberation between two persons who are creditors and debtors to each other, which liberation takes place instead of payment, and prevents a circuity. Or it may be more briefly defined as follows; compensatio est debiti et crediti intter se contributio.
     2. Compensation takes places, of course, by the mere operation of law, even unknown to the debtors the two debts are reciprocally extinguished, as soon as they exist simultaneously, to the, amount of their respective sums. Compensation takes place only between two debts, having equally for their object a sum of money, or a certain quantity of consumable things of one and the same kind, and which are equally liquidated and demandable. Compensation takes place, whatever be the cause of either of the debts, except in case, 1st. of a demand of restitution of a thing of which the owner has been unjustly deprived; 2d. of a demand of restitution of a deposit and a loan for use; 3d. of a debt which has for its cause, aliments declared not liable to seizure. Civil Code of. Louis. 2203 to 2208. Compensation is of three kinds: 1. legal or by operation of law; 2. compensation by way of exception; and, 3. by reconvention. 8 L. R. 158; Dig. lib. 16, t. 2; Code, lib. 4, t. 31; Inst. lib. 4, t' 6, s. 30; Poth. Obl. partie. 3eme, ch. 4eme, n. 623; Burge on Sur., Book 2, c. 6, p. 181.
     3. Compensation very nearly resembles the set-off (q.v.) of the common law. The principal difference is this, that a set-off, to have any effect, must be pleaded; whereas compensation is effectual without any such plea, only the balance is a debt. 2 Bouv. Inst. n. 1407.

COMPENSATION, crim. law; Compensatio criminura, or recrimination (q.v.)
     2. In cases of suits for divorce on the ground of adultery, a compensation of the crime hinders its being granted; that is, if the defendant proves that the party has also committed adultery, the defendant is absolved as to the matters charged in the libel of the plaintiff. Ought. tit. 214, Pl. 1; Clarke's Prax. tit. 115; Shelf. on Mar. & Div. 439; 1 Hagg. Cons. R. 148. See Condonation; Divorce.

COMPENSATION, remedies. The damages recovered for an injury, or the violation of a contract.. See Damages.

References in periodicals archive ?
By "compensational favoredness," Korovin meant the right of the Soviet state to apply preferential regulations to commerce "with the border states, forming, prior to 1917, part of the Russian Empire...." Id.
Patients who received high-dose chemotherapy and hematopoietic stem cell transplantation for systemic cancer were randomized to use either compensational strategies or an individualized, computer-based training software intervention to improve attention and memory or they were assigned to a control group.
These disorders were delivered also by compensational increasing in the middle zones (on the right side--28.24 [+ or -] 0.31, P=0.023; on the left side--23.82 [+ or -] 0.59, P=0.009).
The PM directed the provincial governments for transparently distributing the compensational amount among the affectees and asked all the institutions to remain patient.
Especially distasteful in the light of the flawed regulatory and inspection standards of the US administration has been the inhumane vilification of BP and its top people by a president who got too personally and emotionally involved in operational, compensational and delicately legal issues, mainly to shore up his falling popularity and influence.
Francis Deng in his book, War of Visions: Conflict of Identities in the Sudan, noted that the tendency of Northern Sudanese to exaggerate Arabism and Islam and to look down on the blacks as slaves was "a deep-seated inferiority complex, or, to put it in reverse, a superiority complex as a compensational device for their obvious marginality as Arabs".
Thus, recent vocal territorial claims northwards could be also interpreted as a logical security compensational move of Russia.
As per the requirements of study, hexahedral meshes are incorporated in handling the complex geometry and in enabling the compensational domain.
"One of the sorriest aspects of the case was that the Law Lords agreed with the lawyers who said pleural plaques did not constitute a compensational injury and did not cause any sort of depression or illness," said Mr Hepburn.
Blat is also a compensational mechanism in cities for former villagers who miss traditional structures.