Questions tagged [negotiations]
6 questions
6
votes
4 answers
Legally, in the U.S. (NY, NJ, FLA), what determines the difference between a THREAT and NEGOTIATING, for either side?
I have been told that lawyers who are "negotiating" a settlement (or similar) have quite a bit of leeway when doing so as far as not being legally held to certain things they may say or offer during the "negotiation." What draws the line legally for…
Sizzle
- 663
- 6
- 16
1
vote
2 answers
Is it bad to have communication with opposing party outside of court?
I started a claim against someone. The level of court does not require lawyers. The defendant rejected all my claims through the court, but contacted me by email saying he wishes to meet in person to discuss them. My initial reaction is this is a…
dutyanalysing
- 413
- 2
- 9
1
vote
1 answer
If a standstill agreement has been mutually signed with a proposed defendant, must a claim still be protectively issued before the limitation period?
A is planning to launch a civil Part 8 claim against B, but time is quickly running out in the relevant limitation period under the Statute of Limitations Act 1980.
Solutions recommended to gain more time include:
agreeing with the other party a…
user80346
- 831
- 2
- 16
0
votes
1 answer
Which legal specialty covers the sale of potentially profitable information?
In There Will Be Blood (2007), there is a scene where Paul Sunday sells information about there being oil where he grew up.
This struck me as something very difficult to negotiate, because, while this information is very valuable, it's not a patent.…
MWB
- 1,542
- 2
- 16
- 34
0
votes
1 answer
When is something inadmissible as evidence because it's considered a negotiation?
To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence?
My (ex)landlord demanded I move out immediately. I told him I will do so as soon as I have a place to move, but he…
dutyanalysing
- 413
- 2
- 9
-1
votes
1 answer
How can anyone refuse confidentiality for negotiations, in the teeth of Settlement Privilege, if negotiations are the same as settlement discussions?
I am flabbergasted by these quotations of lawyer John Trueman. After attending law school at UBC, Trueman clerked at the Supreme Court of Canada for Sheilah Martin J.
As "negotiations" and "discussions for the purpose of settlement" are basically…
user196584
- 15
- 3