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 ?
This means Democrats have to choose between playing a spoiler role in holding back what Trump and the Republicans would like to do -- much like Republicans did under Obama -- and compromising and attempting to work with Trump and the Republicans to get things done.
I shall focus on this aspect of the compromising problem, rather than the process of negotiation that is usually the forerunner to a compromise.
Bear in mind that these materials are also capable of compromising the environment if they are not properly managed.
To that end, at the November 2003 Fall Tax Division Meeting in Washington, DC, each committee and TRP was asked to identify regulations in their technical areas that might be simplified without compromising the underlying tax policy.
If there are no other grounds for compromise, the IRS may compromise to promote effective tax administration where compelling public policy or equity considerations identified by the taxpayer provide a sufficient basis for compromising. Compromise will be justified only where, due to exceptional circumstances, collection of the full liability would undermine public confidence that the tax laws are being administered in a fair and equitable manner.
In fact, the growth of the characters is connected with their acceptance of the limits that life imposes and compromising with their environment (Chase 72).
Wilson told his erstwhile friend and intimate adviser that he had no intention of compromising. On that note, the two men parted and never met again.
The counselor is expected to encourage the client to find and report his or her optimal preferences yet also to consider compromising on within-aspect levels.
Although there's much talk of convergence and the spirit of cooperation, the real key to accomplishing goals will be the results of the inevitable compromising. For example, Strauss says while SEC buy-in is important, one roadblock could involve SEC filings.
But that's OK - I'm English, we're good at compromising.