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 ?
While it is very good to make compromises so as to move on rather than getting rooted to a point, certain things are beyond compromise.
The structural condition of the property was also something people were particularly likely to regret making compromises on.
When consumers are faced with an abundance of choices among similar products or services, decisionmaking or the purchasing decision process is influenced by two competing forces: confusion and compromise.
According to Beazley's experts, business email compromises are efficient for the hacker because the compromise of a single account gives the hacker a platform from which to spear phish within and outside the organization.
(https://scholar.google.com/citations?user=uSBquBwAAAAJ&hl=en) Political scientists  like us view compromise as an essential feature of our bicameral, three-branched political system.
But, in the end, those kinds of compromises can reap benefits, too, in terms of tolerance, respect and even understanding.
WOMEN house hunters tend to be more willing to compromise when it comes to settling for a property, but they are also less likely to be happy with the end result, research suggests.
All parties had signed the compromises annexed to the Constitution, he said, adding that minor contentious issues are being examined by the compromise commission to resolve them.
deep compromises, or May's (2005) between pragmatic vs.
In between the long and the short of it we have the compromises. Too long to be short and too short to be long, they are not quite as easy to pack as the shorter barrels, and definitely not as easy to shoot as longer barrels, however they do an excellent job of providing a compromise between the two extremes.
The Senate appears set for action this week on its long-term National Flood Insurance Program extension bill after two compromises were reached on key issues.
Avishai Margalit; ON COMPROMISE AND ROTTEN COMPROMISES; Princeton University Press (Political Science) $26.95 ISBN: 9780691133171