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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Each of the implemented workshops encouraged the participants to take on different work roles, such as leaders, harmonizers, facilitators, and compromisers, among others.
Considering that the compromiser should be blamed for that would be paternalistic.
Paying a morer than other local authorities on discretionarr yr compromiser agreg ements is simplyl not sustainable.a Thish same evening v Coun Goodwad ya painted a worrying r picturer of the serious cuts his Cabineta would havea to makek inthe nexte fewe years,r yet sensible discussion by responsible councillorsr is denied.
Reddin (1970) have considered the task and relationship orientation of the managerial grid and brought forth styles: (a) less effective style (deserter, missionary, autocrat and compromiser), (b) more effective styles (bureaucrat, developer, benevolent autocrat and executive).
* Compromisers openly share ideas, but they can be quick to blend their ideas with others, even if it is not the best idea.
We in the rights community desperately want a different President, but we don't want it bad enough to get excited about a wishy-washy, unprincipled compromiser. If that's what you offer us, Republicans, you can expect wishy-washy support from the community.
Netanyahu can say to the great compromiser's face that there will be no yielding of settlements or occupation or borders or return of refugees or Palestinian statehood.
Chiang is portrayed as a neo-Confucian revolutionary, "a pragmatic compromiser, backing down and making concessions to warlords, Japanese, Communists, and Americans in negotiated settlements that he considered tactically wise" (p.
Unmoved by this criticism, Benzion scorned Begin in a conversation with me as a weakling, a compromiser. Yitzak Shamir was beneath his contempt.
Cromwell is the great compromiser who seeks to defend king, country, church and family by whatever means, however unscrupulous.
An accommodator will have a high focus on the relationship and a low focus on the issue; a compromiser, a midlevel focus on the relationship and a mid-level focus on the issue; and a collaborator, a high focus on both the issue and relationship.
"I think Peter Mandelson is a compromiser; he has done the biggest one in