SATISFACTION (in Law), is said to exist where a party, having a right of action, accepts from the party against whom he has it, a. certain and valuable thing, or the performance of a certain and bene ficial act, in lieu of his right of action. If the action is afterwards brought, the satisfaction maybe pleaded in bar of it. Satisfaction may exist as to actions in which damages are recoverable, and as to some others ; but it cannot operate so as to dispense with the performance of a covenant under a deed, as a deed can only be made void by an instrtunent of the same nature. Where, however, a right of action upon the deed has vested, as hi the came of a breach of covenant to repur• to pay rent, &c., there may bo 8:m6(u:don. The satisfaction, to be valid, must have been accepted by the party who has the right, and must have proceeded from the party who is liable.
Nothing which is paid or done to a third party, or proceeds from him, can operate as a satisfaction. It must also be certain, that is, definite VI to time, &c., and available ; thus where the satisfaction is by undnal agreement, it twist be such an agreement as an action may be main tained upon. It must be valuable : by which it is understood not only that there can be no satisfaction consequent of a thing which lets no value, as, for beastlier, a rust ; but also that the value must be at least not obviously inferior in amount to that fur which it is given, such as a payment of a lees sum of money at the same or a subsequent day as that on which a greater is due. Although if there are advantageous circumstances attendant on the payment of a less sum, this may operate as satisfaction. But the giving of a horse or a statue may be
a satisfaction of a claim for a sum of money, if accepted as such, though the horse or statue be in reality of less value than the money.
A nesociable internment may operate as a satisfaction of a debt ; and if the (arty who accepts it, by his own negligence fail to recover upon it, the debtor will nevertheless continue discharged. The performance must be actually executed ; a mere endeavour, or a readiness to per form, such as a tender of-money, or a part performance, cannot operate as a satisfaction. It must be beneficial ; thus where one has made a forcible entry on the lands of another, it is not a satisfaction for the wrongful entry to permit that other to re-enter. In an action for trespass and taking cattle, a mere re-delivery of the cattle is not a satisfaction. though their conveyance to another place, and redelivery there, may be so. The benefit also must be one partaking in some shape of a pecuniary character. It must either be money, or capable of being measured by money. Thus a submission before certain persons made in pursuance of the order of a court-martial, or an acknowledgement of the injury and prayer for forgiveness kneeling, though a satisfaction in honour, is not such satisfaction as to deprive the party of his right to damages. Satisfaction to one of several plaintiffs is a bar to all : and satisfaction by one joint wrongdoer dis charges the others. (Cons, tit. 'Accord.')