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.