Also known as: to that extent · for so much
Written by attorneys · grounded in primary & secondary sources — see 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.
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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.
A 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.
A 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.
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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.
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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.
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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.
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…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.[^maj-23] The doctrine rests upon the assumption that there…