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Can my letter of intent to sue someone be used against me in court?

1 Answers. Asked on Dec 10th, 2012 on Breach of Contract - California
More details to this question:
Im suing my business partner for breaching our partnership agreement, and before I sue I want to see if I can settle with him by sending him this letter. In this letter I want to state my case to him and explain why we can no longer work together and my side of the story. Can he use this letter against me in court. If so what should I add on the letter that it cannot be used as evidence. Thank you
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Licenced in NY
Answered on Dec 11th, 2012 at 11:09 AM

In most US jurisdictions, settlement negotiations are not admissible in court to show liability.  There are exceptions, however, and individual differences between the states.  You should be careful what you write.  I cannot give you a detailed map of what to write and not to write, particularly in California (whose law I find to be very idiosyncratic), but, if you decide to send the letter, you definitely should write on the top something to the effect of "This communication is in connection with an attempt to settle our dispute, is intended solely for that purpose, and may not be used in any litigation between us or for any purpose other than in the context of settlement negotiations."

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Breach of Contract
A contract is a legally enforceable agreement between two parties. When you enter into a contract, you do it in good faith and expecting that the other party will meet its legal obligations. But if that fails to occur, you or your business may have grounds for a breach of contract lawsuit against the other party. If successful, you may be awarded damages, or compensation for your losses and expenses in connection with the breached contract. The court can also rescind the contract or order the party that breached the contract to fulfill its obligations. If you're party to a breached contract--whether you've been accused of a breach or are trying to compel the other side to perform its duties--you need to hire an attorney who has experience with personal, professional and/or commercial contractual disputes.
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