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發表於 2012-8-19 12:05:52
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小小j 發表於 2012-8-19 10:51
回復 呀吓 #55 的帖子
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When negotiation, either oral or in writig, "without prejudice" is usually applied because it meant that the use of this word is to protect during the negotiation as part of a genuie attempt to settle the dispute. It is the purpose of the activity that counts. The rationale behind the protection is to encourage parties to settle disputes without fear of their discussions being disclosed to third parties or in court.
Without prejudice statements are admissible in two circumstances:
1) The protection can be waived with the consent of both parties;
2) if a concluded compromise is reached as a result of without prejudice negotiation, the negotiations are admissible as evidence of that compromise. |
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樓主: schmid9394
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發表於 2012-8-18 21:51:25
發表於 2012-8-18 23:52:35
