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Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
Canon 1290: Without prejudice to Can. 1547, whatever the local civil law decrees about contracts, both generally and specifically, and about the voiding of contracts, is to be observed regarding goods which are subject to the power of governance of the Church, and with the same effect, provided that the civil law is not contrary to divine law ...
The French liquidator advised the English company to lodge any claims for breach of contract in the French bankruptcy proceedings. The English company did so, but expressed those claims to be without prejudice to their right to their claims against the French company which were pending in the English courts.
A defendant can waive the right to remove by contract, although courts take different positions about what language is necessary to create a waiver. [ 15 ] Remand orders are not generally appealable [ citation needed ] , but may be appealed in the case of removals brought under the Class Action Fairness Act of 2005 or where the Federal Deposit ...
The without-prejudice privilege in common law denotes that in honest attempts to reach settlement, any offers or admissions cannot be used in court when the subject matter is the same. This applies to the mediation process. The rule comes with exceptions.
The plaintiff, entertainer George Michael, argued that his recording contract constituted an unreasonable restraint of trade. Michael alleged that the defendant had failed to promote his album Listen Without Prejudice Vol. 1 with due vigour as punishment when the artist decided to downplay his status as a sex symbol. Michael described his ...
Other common forms include privilege against compelled self-incrimination (in other proceedings), without prejudice privilege (protecting communications made in the course of negotiations to settle a legal dispute), public interest privilege (formerly Crown privilege, protecting documents for which secrecy is necessary for the proper ...