Definition of COMPROMISE


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.

Source: Bouviers Law Dictionary 1856 Edition

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