Prejudging a matter. Thus, a court may decide that A is entitled for his life to the income of a fund without prejudice to any question between B and C who claim adversely to each other the income of the fund after his death. And generally, the expression without prejudice implied that the consideration of the question to which it refers is postponed to a future time. And the phrase is ofter used in a lawyers letter for the purpose of guarding himself as to anything therein contained being construed as an admission of liability.
The phrase is applied to overtures and communications between litigants before action, or after action, but before trial or verdict. It imports an understanding that if he negotiations fail, nothing that has passed shall be taken advantage of thereafter.
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