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NeCede's

Maxim 8.8.26

A compromise is brought into affinity with judgments.

Source: Strong v. Strong, 9 Cush. (Mass.) 571; Weisman, 64b Difficulty 1/5 — Foundational

Explanation

(English-origin maxim.) A settlement or compromise between parties is treated with the same finality as a judgment — once agreed, it binds the parties and cannot be reopened absent fraud or mistake.

Where this applies

  • Two business partners sign a settlement agreement ending their dispute over profits, and one partner later tries to reopen the case claiming he got a bad deal — the settlement is treated with the finality of a judgment, and the court refuses to revisit it absent fraud.
  • A landlord and tenant reach a written compromise over back rent owed, and the tenant later wants to renegotiate — the compromise has the force of a judgment and binds both parties to its terms.
  • Divorcing spouses agree to a property division in mediation and sign the agreement, then one spouse tries to undo it six months later — the court holds that their compromise is as final as a judicial decree and cannot be reopened simply because of regret.

Legal domains

Cite this maxim

NeCede Max. 8.8.26 — A compromise is brought into affinity with judgments. — Strong v. Strong, 9 Cush. (Mass.) 571; Weisman, 64b

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