Compromise - Law Dictionary Search Results
Home Dictionary Name: compromise Page: 3Without prejudice
Without prejudice, a phrase used in offers, in order to guard against any waiver of right; also for the purposes of negotiating a compromise. See PRE-JUDICE, WITHOUT.With loss of all rights; in a way that finally disposes of party's claim and bars any future action on the claim, Black's Law Dictionary, 7th Edn., p. 1596.The expression 'without prejudice' means; (1) that the matter had not been decided on merits, and (2) that fresh proceedings according to law were not barred, Superintendent (Tech. I) Central Excise v. Pratap Rai, AIR 1978 SC 1244 (1246): (1978) 3 SCC 113: (1978) 3 SCR 729; I.D.D., Jabalpur v. Pratap Rai, 1978 SC 1244 (1246).The classic definition of the phrase is contained in the judgment of Lindley, L.J. in Walker v. Wilsher, 1889 (23) QBD 337.What is the meaning of the words 'without pre-judice'? I think they mean without prejudice to the position of the writer of the letter if the terms he proposes are not accepted. If the terms proposed in the letter are accepted a...
Erthmiotum
Erthmiotum, a meeting of the neighbourhood to compromise differences amongst themselves; a Court held on the boundary of two lands, Leg. Hen. 1, c. 57....
Compromissorial
Relating to compromise...
Arrangements between debtors and creditors
Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition with creditors by resolutions passed at similar representative meetings to take the place of proceedings in bankruptcy. The (English) Bankruptcy Act, 1883, having repealed the Act of 1869 without re-enacting these clauses, arrangements with creditors outside the law of bankruptcy became common, and in order to legalize and regulate these arrangements, the (English) Deeds of Arrangement Act, 1887, was passed and amended in 1890 by 53 & 54 Vict. c. 24. The law has now been consolidated by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47), which repeals the Act of 1887, and also parts of the Bankruptcy and (English) Deeds of Arrangement Act, 1913, and contains practically the whole statute law on the subject. The Act is divided into five parts: (1) defining the deeds of arrangement...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Intransigent
Refusing compromise uncompromising inflexible irreconcilable...
face saving
allowing one to maintain ones dignity or prestige designed to avoid admitting something embarrassing as a face saving compromise of actions...
Compromise
A mutual agreement to refer matters in dispute to the decision of arbitrators...
settle
settle set·tled set·tling vt 1 : to resolve conclusively [ a question of law] 2 : to establish or secure permanently [a settled legal principle] 3 : close [ the sale of securities] [ the estate] 4 : to resolve a disagreement about (a court order) [no hearing to consider these objections and to the order had been conducted "Saba v. Gray, 314 N.W.2d 597 (1981)"] 5 a : to fix (a price) by mutual agreement b : to conclude (a lawsuit) by entering into an agreement negotiated by the parties usually out of court c : to close (as an account) by payment ;also : to close by compromise and payment of less than the full amount claimed or due vi 1 : to conclude a lawsuit by entering into an agreement [the plaintiff chose to out of court] 2 : to make a settlement of a transfer of funds 3 : to adjust differences or accounts [settled with his creditors] ...
negotiate
negotiate -at·ed -at·ing vi : to confer with another so as to settle some matter vt 1 : to bring about through conference, discussion, and agreement or compromise [ a contract] 2 a : to transfer (as an instrument) to another by delivery or endorsement b : to convert into cash or the equivalent value [ a check] ne·go·ti·a·tion [ni-gō-shē-ā-shən] n ne·go·ti·a·tor [ni-gō-shē-ā-tər] n ...
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