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 ?
Identify your preferred style of dealing with conflict--determine whether you a competitor, collaborator, compromiser, avoider, or accommodator, and then challenge yourself to adapt your style to the situation.
By locating the only true patriots among the phantoms of the Revolutionary generation, Whitman hoists Webster on his own petard: by sacrificing liberty for expediency, the compromisers had secured a nominal union and sacrificed a republic founded on principle.
Compromisers and preservers can both be defended, according to Sunstein, but he advances a feeble justification of split-the-difference compromisers.
He is a welcome antidote to the grey compromisers in so many managerial seats.
Only twenty-six Senate Democrats opposed the proposal, while eighteen--including serial compromisers Joe Lieberman and Evan Bayh and some who ought to know better, like Charles Schumer and Jay Rockefeller--sided with the GOP.
Having disposed of the more ferocious and the more dangerous of the two infidel superpowers, their next task was to deal with the other, the United States, and in this war the compromisers were tools and agents of the infidel enemy."
The compromisers, according to Howe, should be co-opted into the system and a compromise should be reached between the Western-oriented world of the secularists and the Islamists' world, which coexist: "Turkey's Third Way" (pp.
Notably missing are compromisers, get-things-done types or anyone who is portrayed as anything other than simple-minded.
They know that meaningful social change is never going to happen so long as the left remains captivated by the condescending, real-world cynicism of former radicals like Todd Gitlin, who recently blasted young activists for a "purist approach to politics" and opined that "the only land ahead is the compromised land." But surely Gitlin knows that successful social movements thrive on their tensions between insiders and outsiders, between compromisers and absolutists, and that third parties often leave their mark without actually winning elections.
The compromisers will eat for comfort and relief, while controllers will plan their eating and only indulge as a reward, notes Datamonitor.
Discussions between the 27 municipalities that have sued the gun industry for the cost of gun violence and the various gun companies named in the suit have broken down into two camps: the hard-liners and the compromisers.
''We're better listeners and compromisers. We have particular qualities that men don't have.