without prejudice


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. The words "without prejudice" import into any transaction that the parties have agreed that as between them" selves 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.
A dismissal "without prejudice" allows a new suit to be brought on the same cause of action.
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.
+ without prejudice
Where an offer or admission is made "without prejudice," or a motion is denied or a bill in equity 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 also dismissal with prejudice
- dismissal without prejudice

Black's law dictionary. . 1990.

Look at other dictionaries:

  • without prejudice — index fairly (impartially) Burton s Legal Thesaurus. William C. Burton. 2006 without prejudice …   Law dictionary

  • without prejudice — Ⅰ. without prejudice ► LAW if a decision or action is made without prejudice to a right, you continue to have that right: »Three days later, she asked for a dismissal without prejudice, meaning that she can re file at any time. without prejudice… …   Financial and business terms

  • without prejudice — ► without prejudice Law without detriment to any existing right or claim. Main Entry: ↑prejudice …   English terms dictionary

  • without prejudice — Without dismissing, damaging or otherwise affecting a legal interest or demand; without detriment to existing right or claim; relates to fact, not to opinion. This expression is used when a person, in the desire to avoid litigation or dispute… …   Glossary of Bankruptcy

  • Without Prejudice? — Infobox Television show name = Without Prejudice? caption = format = Game Show picture format = runtime = 60mins (inc. adverts) creator = starring = flagicon|UK: Liza Tarbuck (Series 1) Kieron Elliott (Series 2) flagicon|USA: Dr. Robi Ludwig… …   Wikipedia

  • without prejudice — adverb (or adjective) : without injury to or detraction from one s own rights or claims or any cause of action or defense asserted * * * without prejudice A phrase used to require an understanding that nothing said at this stage is to detract… …   Useful english dictionary

  • without prejudice — A judicial act without effect as a final determination or res judicata. United States ex rel. Almeida v Baldi (CA3 Pa) 195 F2d 815, 33 ALR 2d 1407; Ogens v Northern Industrial Chemical Co. 304 Mass 401, 24 NE2d 1, 126 ALR 280. The term imports… …   Ballentine's law dictionary

  • without prejudice to — without hurting the rights of ; without bias, impartially …   English contemporary dictionary

  • without prejudice — without bias, impartially …   English contemporary dictionary

  • without prejudice — without reducing any existing right or withdrawing any existing claim, but in an effort to reach a compromise …   Idioms and examples