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 ?
People who compromised on their garden were particularly likely to regret it, with 26 per cent of those who did so now kicking themselves.
People who compromised on their garden were particularly likely to regret it, with 26% of those who did so now kicking themselves.
Over the past five years, nearly 10 billion records have been lost, stolen or exposed, with an average of five million records compromised every day.
A large portion came from the 22 largest data breaches, each involving more than one million compromised records, found the latest Breach Level Index, a global database of public data breaches.
'BDO has obtained reports of potentially compromised ATMs following reported losses from cardholders,' it said in a statement.
The Indian central bank has asked commercial banks in the nation to replace debit cards that are believed to have been compromised.
Telecom said that Yahoo had acknowledged an email security breach that compromised some YahooXtra email accounts.
Consequently, if a strategic CD is wrong, this is negative just for the fulfillment of the agent's goals, because after all she has not compromised herself in spite of suffering some quantifiable setback.
Certificates exactly like the ones compromised as part of the Flame malware, are used everywhere in organisations worldwide today and are vulnerable to the exact same compromise.
In this case, Democrats compromised away increased revenue and Republicans compromised away reduced spending, when the national budget would have been better served if the Democrats had compromised on spending and the Republicans had compromised on taxing.
Synopsis: Americans have highly divergent reactions to whether President Obama compromised too much (21%), the right amount (38%), or not enough (26%) with Republicans in reaching the tax deal.
The tens of millions of card accounts that were compromised touched nearly every financial institution, giving everyone a chance to evaluate how they reacted, how their processes worked and how to better respond in the future.