The exception to without prejudice privilege permitting evidence of negotiations to prove whether a settlement was reached is confined to the negotiations alleged to constitute the settlement in issue; it does not extend to separate later negotiations for a different compromise of the same dispute. Pleading an earlier compromise does not waive privilege over later without prejudice negotiations. However, a party pleading laches cannot maintain privilege over the bare fact and period of without prejudice negotiations where that would mislead the court on the delay issue.
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