"without prejudice" UCC 1308

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aerin-james
"without prejudice" UCC 1308

Can anyone explain this to me?   I heard it reserves all rights of the Human, and does not subject him to the contract of the signed person(corporation), 

M. R. Hamilton M. R. Hamilton's picture
Not exactly what it says

You are reserving your rights. It is basically saying that if you were under duress, or signed involuntarily or had any stipulation of the contract held from you prior to signing, you have given up none of your rights. Like when you get a driver's license and they say you signed a contract without giving you a copy of the contract.

M. R. Hamilton
No Lawyer? No Problem?

B.W. Cornwell B.W. Cornwell's picture
WITHOUT PREJUDICE - Black's Law 4th Ed.

WITHOUT PREJUDICE. Where an offer or admission is made "without prejudice," or a motion is denied or a suit dismissed "without prejudice," it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost except in so far as may be expressly conceded or decided. See Genet v. Delaware & H. Canal Co., 170 N.Y. 278, 63 N.E. 350; O'Keefe v. Irvington Real Estate Co., 87 Md. 196, 39 Atl. 428; Olson v. Coalfield School Dist. No. 16 of Divide County, 54 N.D. 657, 210 N.W. 180, 181.

A dismissal "without prejudice" allows a new suit to be brought on the same cause of action. Freidenbloom v. McAfee, Tex.Civ.App., 167 S.W. 28; McIntyre v. McIntyre, 205 Mich. 496, 171 N.W. 393, 394.

The words "without prejudice" import into any transaction that the parties have agreed that as between themselves the receipt of money by one and its payment by the other shall not of themselves have any legal effect on the rights of the parties, but they shall be open to settlement by legal controversy as if the money had not been paid. In re Bell, 344 Pa. 223, 25 A.2d 344, 350. The words "without prejudice", as used in judgment, ordinarily import the contemplation of further proceedings, and, when they appear in an order or decree, it shows that the judicial act is not intended to be res judicata of the merits of the controversy. Fiumara v. American Surety Co. of New York, 346 Pa. 584, 31 A.2d 283, 287.

Here's a few Docs on CONTRACT LAW. One is how the UCC looks at contracts, and you can compare it to the second one, which is more in layman terms.

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M. R. Hamilton M. R. Hamilton's picture
Well, there you go.

Well, there you go. And a case dismissed with prejudice means that the other party to the case has no right to bring it again. Kassidy's case in the inferior court was dismissed with prejudice.

M. R. Hamilton
No Lawyer? No Problem?

aerin-james
Way to go Kassidy.

Will he be uploading the Court Dismissal on here.  That was awesome.  See Brian there you go.  It works.

AmericanQueen AmericanQueen's picture
UCC 1-308 comes from the

UCC 1-308 comes from the Uniform Commercial Code. It's the option to not enter into a commercial contract.

"It is easier to fool people than it is to convince people they've been fooled." ~ Mark Twain

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