Also known as: to that extent · for so much
Written by attorneys — see sources below.
A partial discharge or satisfaction of a duty, obligation, or liability to the extent of a specified amount or portion.
Ridge Builders emailed Stone Construct that work could stop after the third floor with final payment on the reduced scope. Stone Construct demobilized immediately. The email manifested assent to release the remaining duty before full performance, discharging Stone Construct's obligation to that extent without new consideration.
A landowner applied force to repel an intruder but continued after the threat ended. The court held the landowner liable only for the portion of confinement exceeding the privilege. The excess created separate liability to that extent while preserving the original defense for the justified portion.
An intended beneficiary obtained a partial judgment against the promisee on an enforceable claim. The beneficiary later recovered the balance from the promisor. Satisfaction of the promisee's duty reduced the promisor's duty by the same amount, subject to subrogation rights.
Unexpected conditions made full performance of a beneficiary contract impracticable. The promisor's duty ceased for the affected portion. The beneficiary's rights against the promisor were discharged to the same extent as the underlying contract became unenforceable.
A state statute reduced criminal jury size from twelve to six members. The change applied only to the extent permitted by constitutional standards. The prior twelve-member requirement remained effective for cases outside the statute's scope.
The Florida Constitution, Article I, Section 16, secures the right of trial by jury to all and provides that in all criminal prosecutions the jury shall consist of twelve men, except in prosecutions for crimes punishable by imprisonment for not more than six months, in which case the jury shall consist of six men. Petitioner Williams faced charges of robbery, a felony carrying a potential sentence of life imprisonment. Williams filed a timely motion requesting a jury of twelve persons, which the trial court denied in accordance with state law. The case proceeded to trial before a jury composed of six members. Following the presentation of evidence, the six-person jury returned a verdict of guilty, and the court imposed a sentence of life imprisonment. Williams appealed his conviction to the Florida District Court of Appeal. The appellate court rejected his constitutional claim and affirmed the judgment. The United States Supreme Court thereafter granted a writ of certiorari, restricting its inquiry to the issues of jury size and the necessity of a unanimous verdict in state criminal prosecutions for serious offenses.
View caseA collective bargaining agreement became partially unenforceable due to changed circumstances. The union's rights under the agreement were adjusted only for the affected terms. The remaining obligations continued in full force.
In 1953 the Textile Workers Union of America entered into a collective bargaining agreement with Lincoln Mills of Alabama. The agreement was to run for one year and from year to year thereafter unless terminated on specified notices. It contained a no-strike clause and established a multi-step grievance procedure whose final step, available to either party, was arbitration. Several grievances concerning work loads and work assignments arose under the agreement. The union processed the grievances through every step of the contractual procedure, after which the employer denied them. The union then requested arbitration, but the employer refused. The union filed suit in federal district court seeking an order compelling the employer to arbitrate the grievances. The district court held that it possessed jurisdiction and directed the employer to comply with the arbitration provisions of the agreement. On appeal the Court of Appeals reversed by a divided vote, concluding that the district court lacked authority under either federal or state law to grant the requested relief. The Supreme Court granted certiorari. After the Court of Appeals decision but before oral argument, Lincoln Mills terminated its operations, ceased all work at the mill in March 1957, and contracted to sell its mill properties. Some of the grievances sought back pay for increased workloads, and the collective bargaining agreement authorized the arbitration board to adjust compensation retroactively.
View caseA pro tanto discharge releases only part of a duty when a party manifests assent before full performance. Full release requires complete termination of the entire obligation. The distinction matters because partial assent leaves remaining duties intact without needing new consideration.
Supporting sources
A nonsettling defendant receives a dollar-for-dollar credit equal to the settlement amount paid by another tortfeasor. The credit reduces the judgment only to the extent of the prior payment. This prevents double recovery while preserving joint and several liability for the balance.
Satisfaction of a beneficiary's claim against either the promisee or promisor reduces the other duty by the same amount. The beneficiary cannot recover more than the total claim. Subrogation rights protect the party who paid from double liability.
Supporting sources
A beneficiary's rights are discharged to the extent the underlying contract ceases to bind due to impracticability or similar defenses. The discharge is limited to the affected portion. Rights remain enforceable for any unaffected obligations.
Supporting sources
…to the United States. Any interference with either, except as thus permitted, is an invasion of the authority of the State and, to that extent, a denial of its independence." The fallacy underlying the rule declared in Swift v. Tyson is made clear by Mr. Justice Holmes. The doctrine rests upon the assumption that there…