without prejudice

Definition

Legal term signifying that something is being done, proposed, or said without abandoning a claim, privilege, or right, and without implying an admission of liability. (1) When used in a document or letter, these words mean that what follows cannot (a) be used as an evidence in a court case, (b) be taken as the signatory's last word on the subject matter, and (c) be used as a precedence. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not if the words 'without prejudice' were used. (2) When a court case is dismissed, or a court order is issued, without prejudice, it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the original order. See also with prejudice.


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