May 21, 2007 10:43
16 yrs ago
8 viewers *
English term
open document
English
Law/Patents
Law (general)
compromise agreement
In the clause "This agreement although marked "Without Prejudice" will upon signature by both of the parties be treated as an open document evidencing an agreement binding on the parties" what does "open document" mean.
Thanks in advance.
Thanks in advance.
Responses
+4
20 mins
Lubosh Hanuska
Australia
Australia
Native in English
&
English
Works in field
Australia
professional website translations
Native in: English 
, Slovak
Works in: Slovak to English, Czech to English, English
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can be used in future dealings as valid evidence
"Without prejudice" assigns exclusivity from implications attachnig by law to the said document, but if the document is deemed to be "open" this exclusivity becomes void.
In plain English this means that the document can be used as evidence in court, or can be used as an argument in future business dealings or negotiations. However, I see it as a bit of contradiction - if the document was marked "Without Prejudice" then it is not open anymore... why not just take "without prejudice" out?
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Note added at 22 mins (2007-05-21 11:06:11 GMT)
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Sorry, forgot to attach a reference - I am not a lawyer, so I took the explanation out of Butterworths Australian Legal Dictionary :-)
In plain English this means that the document can be used as evidence in court, or can be used as an argument in future business dealings or negotiations. However, I see it as a bit of contradiction - if the document was marked "Without Prejudice" then it is not open anymore... why not just take "without prejudice" out?
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Note added at 22 mins (2007-05-21 11:06:11 GMT)
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Sorry, forgot to attach a reference - I am not a lawyer, so I took the explanation out of Butterworths Australian Legal Dictionary :-)
4 KudoZ points awarded for this answer.
Comment: "Thank you all for the help."
1 day 12 hrs
made available to the public
Open document means that it is a document that once signed and notarized will be made available to the public to evidence an agreement was instituted between the two parties.
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