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Without prejudice

  • delta123
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01 Aug 12 #346686 by delta123
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What does writing a letter n title it Without prejudice mean in legal matters someone could help also explain this in relation to open offer

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01 Aug 12 #346687 by u6c00
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In this context I think it means that the letter is to discuss the offer but cannot have any bearing on the outcome.

For example if they were to write about the terms of the offer, it could not be used to suggest that they were considering accepting.

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01 Aug 12 #346688 by delta123
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do I hear you say that they can''t use the letter against me in a court of law and if so will the judge consider that as reasonable

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01 Aug 12 #346691 by delta123
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Or does it perhaps the judge may decide something different from the offer and the other side will not b able to refer to my letter of offer if it is titled without prejudice I am trying to put it in the layman language so I can understand the main thrust of the term

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01 Aug 12 #346692 by u6c00
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Sorry, I think you need someone with more legal knowledge than me on that.

My understanding of the without prejudice term is just what the writer is not surrendering any of their rights in the letter.

In the context you mentioned, my impression was just that the letter wouldn''t constitute any acceptance or refusal of the offer, or that in accepting/refusing an offer they were not banned from changing their mind later. (i.e. waiving their right to change their mind later).

I might be wrong, one of the legal professionals on here may correct me. They may also need more context than you''ve given at the moment.

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01 Aug 12 #346694 by WhiteRose
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Its a lot more complex than this, but generally I think ''Without Prejudice'' can not be shown or used in Court.

For example if you made an offer ''Without Prejudice'' and your stbx declined, you couldn''t then say in Court "Well I already offered this ......"

An ''Open Offer'' means it can be included in the Court discussions.

One of the wiser wikis may be able to explain the circumstances where one is more beneficial to the other.

WR

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01 Aug 12 #346696 by u6c00
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I think an offer made without prejudice can be backed out of, even if the other party accepts.

For example, if my ex offered to settle for 50% of the assets ''without prejudice'', even if I agreed to it, she could change her mind and rescind the offer at a later time.

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