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Simple question??

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N

nkh

Guest
If party 1 was subjected to undo process in the form of negligence by party 2. Party 1 has a strong case against party 2 which is "likely" to result in a judgement for damages above and beyond an initial amount owed. Claims of negligence not neccessarily fraud, (but was) proven by investigations of law inforcement and the negligence admitted by party 2. Negligence which resulted in an arrest of party 1 on a felony charge under false pretense. (Case now dismissed against party 1.)

Party 1 feels he has been wronged in a big way having been arrested under false pretense commited by party 2 and is considering a law suit for further damages than the intial amount he was defrauded.

Bottom line....if party one accepts the intial property that was offered before, now being offered again as paymentr owed, by Party 2. Party 2 having cleared the property of the negligence. Not in excess but equal to an original agreement between party 1 and Party 2. Can Party 1 continue a suit for further damages due to his arrest and long term extinuating factors. Or is the accepting of the property from before equal to and prior to arrest an acceptance of being paid in full. Or is he giving up his rights to sue for the extinuating damages?

Ok...not so simple.....I will be happy to clarify any confusing aspects. PLEASE just ask!!!

Thanks :)
 



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