Evidence-Wellborn SU2006 Outline

Note this rule doesnt ban offers acceptances or

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Unformatted text preview: to compromise or to negotiate the disputed items. Even if it was an offer to compromise, Pennsylvania law allows admission of direct admissions of fact that are made in the compromise process. o Distinct admission of a fact is not to be excluded because it was accompanied by an offer to compromise the suit! Notes: First holding: Letter is not offer to compromise There needs to first be a claim asserted for there to be a compromise!! A claim that is disputed as to validity or amount of the claim! In both correspondences neither of the parties were entered into a dispute as to validity or amount of the claim. o As to certain of things on the list they weren't disputed, as to others they did dispute the validity but they didn't offer to settle!! o sometimes the statement is made before a claim has been made (it's not protected). Sometimes the statement is made with regard to a claim that is not disputed. Note, this rule doesn't ban offers, acceptances, or settlements period...only bans them to prove the validity or invalidity of the amount/claim A...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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