can someone sue you if they sign a document saying there name and last name, in pen, and saying they declare that they have absolutely no intention of prosecuting you (my name and last name) regarding the issue for why they are suing, and then they sign it (there signature)
2007-11-01 12:03:44 · 9 answers · asked by chris J 1 in Politics & Government ➔ Law & Ethics
As I explained last time, it truely depends on the situation. Are you a tenant and they are signing a doc saying they won't sue you for breaking a lease? If so, they can sue you but aren't likely to win.
Are you housesitting for them? If so, while they are gone, if you are negligent, they can still sue you and win.
Do you see the difference?
Hope this helps. If you want to email me the exact situation, I will respond to your situation.
2007-11-01 12:10:00 · answer #1 · answered by halestrm 6 · 0⤊ 0⤋
If you're asking what I think you are, you can't have a contract which prevents someone from reporting a crime to the police and prosecuting.
The reason behind this is that such a contract would interfere with the authority and jurisdiction of the court and as such would be voided by illegality (not to mention the courts wouldn't take much of a liking to you if you did this).
There is a heap of case law to support this including cases against banks, police and many more, and it is a well established principle.
However you can get someone to sign a document which takes away their right to sue you (for instance if you are in a MVA and you pay for the damage to the other persons car, then you can ask them to sign a form waiving their right to sue at a later date).
2007-11-01 14:54:04 · answer #2 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
You are asking the wrong question.
Anyone can sue you for anything, that is, they can file an action against you in court.
The question should be "Can they win?" The written declaration that they will not sue you is not a protection. They can change their mind no matter whether it is promised orally or in ink.
However, if you gave them something for the promise not to sue, like a dollar for their agreement, they can't win. Also they can't win if you have materially changed your position in reliance on their promise not to sue. This would be the case where, for example, you had a bunch of photos proving your case and your destroyed them on receipt of the promise.
I hope that helps.
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And by the way, I really doubt Janet L. is a lawyer. Sorry, Janet.
2007-11-01 12:11:16 · answer #3 · answered by RangerEsq 4 · 0⤊ 0⤋
Yes.
That could be one piece of evidence that they may lose the case on, but there are plenty of arguments they could use - they could say they were under duress, for instance, when they signed the sheet. What did you give in return? A payment of some sort?
And, let's face it, if a court sees unconscionable behaviour on the part of one person, they're not going to let that person off the hook because of a signed promise not to sue.
2007-11-01 12:09:52 · answer #4 · answered by drusillaslittleboot 6 · 0⤊ 0⤋
Yes. Prosecute <> Sue.
2007-11-01 12:08:41 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋
Hmm if the document has a witness and is notarized and written in a certain way to state that both parties understand exactly what they are signing....I would think it would be hard to then sue.
2007-11-01 12:07:43 · answer #6 · answered by ? 6 · 0⤊ 0⤋
yes they can.
it's not a contract because there's no consideration.
2007-11-01 12:06:53 · answer #7 · answered by brian 4 · 1⤊ 0⤋
yeah.. but it wouldn't make it to court
2007-11-01 12:07:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no!
if its written down and you have proof they cannot do anything about it after they sign it!
im a lawyer!
2007-11-01 12:08:00 · answer #9 · answered by Anonymous · 0⤊ 5⤋