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Encyclopedia Britannica

SATISFACTION (Lat. salisfacerc, to satisfy)

This article appears in Volume V24, Page 230 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: SAR-SCY

SATISFACTION (Lat. salisfacerc, to satisfy) , reparation for an injury or offence; payment, pecuniary or otherwise, of a debt or

obligation

OBLIGATION

; particularly, in law, and equitable

doctrine

DOCTRINE

of much importance. It may operate either as between strangers or as between father and child. As between strangers: it was laid down in Talbot v. Duke of Shrewsbury, 1714, Pr. Ch. 394, that where a debtor bequeaths to his creditor a legacy as

great

GREAT

as, or greater than the debt, the legacy shall be deemed a

satisfaction

SATISFACTION (Lat. salisfacerc, to satisfy)

of the debt. This

rule

RULE

, however, has fallen under a consider-able amount of discredit, and very small circumstances are required to rebut the presumption of

satisfaction

SATISFACTION (Lat. salisfacerc, to satisfy)

. If the debt was incurred after the execution of the will, there is no satisfaction, nor is there where the will giving the legacy contains a direction to pay debts. As between parent and child, the

doctrine

DOCTRINE

operates (a) in the satisfaction of legacies by portions, and (b) of portions by legacies. In the case of (a), it has been laid down that where a parent, or one acting in loco parentis, gives a legacy to a child, without stating the purpose for which he gives it, it will be understood as a portion; and if the father afterwards advance a portion on the

marriage

MARRIAGE

, or preferment
in life, of that child, though of less amount, it is a satisfaction of the whole, or in part. This application of the doctrineis based on the

maxim

MAXIM, SIR HIRAM STEVENS (184o- )

that " equality is

equity

EQUITY (Lat. aequitas)

," as is also the

rule

RULE

(b) that where a legacy bequeathed by a parent, or one in loco parentis, is as

great

GREAT

as, or greater than, a portion or provision previously secured to the child, a presumption arises that the legacy was intended by the parent as a complete satisfaction. In each of the above cases, of course, the presumption may be rebutted by evidence of the testator's intentions.
In theology, the doctrine of satisfaction is the doctrine that the sufferings of Christ are accepted by the divine

justice

JUSTICE (Lat. justitia)

as a substitute for the

punishment

PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

due for the sins of the world
(see ATONEMENT).

End of Article: SATISFACTION (Lat. salisfacerc, to satisfy)

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