Discussion:
what does "no less favourable" mean?
(too old to reply)
Jynie
2008-05-28 04:37:08 UTC
Hello.

I am having trouble with the "no less", is it a double negative? When I
read over it it is confusing.

If an offer made by person A is not accepted by person B and person A
obtains a judgment on the claim "no less favourable" than the offer made
by person A...

It "no less favourable" simply saying "not favourable"? and why not just
say "not favourable" instead of "no less favourable".. I don't know why,
but I really have trouble with the "no less" part of it ..
Jynie
2008-05-28 05:11:30 UTC
Is it that:

"no less favourable" means the same or more favourable (or better)
"not more favourable" means the same as or less favourable (or worse)
"as favourable as" means the same (no better or worse)

?
Post by Jynie
Hello.
I am having trouble with the "no less", is it a double negative? When I
read over it it is confusing.
If an offer made by person A is not accepted by person B and person A
obtains a judgment on the claim "no less favourable" than the offer made
by person A...
It "no less favourable" simply saying "not favourable"? and why not just
say "not favourable" instead of "no less favourable".. I don't know why,
but I really have trouble with the "no less" part of it ..
Mark Brader
2008-05-28 17:13:35 UTC
Post by Jynie
"no less favourable" means the same or more favourable (or better)
"not more favourable" means the same as or less favourable (or worse)
"as favourable as" means the same (no better or worse)
?
Yes, exactly.
--
Mark Brader | "Ooh, righteous indignation -- a bold choice!
Toronto | I myself would start with dismay and *work my way up*
***@vex.net | to righteous indignation." --Murphy Brown
tony cooper
2008-05-28 05:25:43 UTC
On Wed, 28 May 2008 14:37:08 +1000, Jynie
Post by Jynie
Hello.
I am having trouble with the "no less", is it a double negative? When I
read over it it is confusing.
If an offer made by person A is not accepted by person B and person A
obtains a judgment on the claim "no less favourable" than the offer made
by person A...
It "no less favourable" simply saying "not favourable"? and why not just
say "not favourable" instead of "no less favourable".. I don't know why,
but I really have trouble with the "no less" part of it ..
"No less favorable" means that the new offer must be as favorable as
the original offer. The problem with "as favorable" is that the
original offer may not have been favorable at all. "No less
favorable" allows that the second offer need not be favorable, but it
can't be worse than the original offer.
--
Tony Cooper - Orlando, Florida
Jeffrey Turner
2008-05-28 20:50:09 UTC
Post by tony cooper
On Wed, 28 May 2008 14:37:08 +1000, Jynie
Post by Jynie
Hello.
I am having trouble with the "no less", is it a double negative? When I
read over it it is confusing.
If an offer made by person A is not accepted by person B and person A
obtains a judgment on the claim "no less favourable" than the offer made
by person A...
It "no less favourable" simply saying "not favourable"? and why not just
say "not favourable" instead of "no less favourable".. I don't know why,
but I really have trouble with the "no less" part of it ..
"No less favorable" means that the new offer must be as favorable as
the original offer. The problem with "as favorable" is that the
original offer may not have been favorable at all. "No less
favorable" allows that the second offer need not be favorable, but it
can't be worse than the original offer.
And it leaves open the possibility that the judgment may be better than
the original offer. Read "as good or better than."

--Jeff
--
The trouble with the world is that the
stupid are cocksure and the intelligent
are full of doubt. --Bertrand Russell
Jonathan Morton
2008-05-28 21:14:50 UTC
Post by Jeffrey Turner
Post by tony cooper
"No less favorable" means that the new offer must be as favorable as
the original offer. The problem with "as favorable" is that the
original offer may not have been favorable at all. "No less
favorable" allows that the second offer need not be favorable, but it
can't be worse than the original offer.
Tony, we're not talking two offers here. It's clearly a reference to the
rules about an offer to settle a court case (or a payment into court, which
is the same thing). This is why the comparison is between A's offer on the
one hand and the judgment of the court of the other.

If A makes an offer (on 1 April) to settle the litigation on the basis that
A will pay B x, then if B refuses that offer and eventually recovers x or
less-than-x, then a can ask to court to award the costs of the action from 1
April until the final determination - because B's pig-headedness has wasted
everyone's time and money. But if B recovers x+1, he is OK.
Post by Jeffrey Turner
And it leaves open the possibility that the judgment may be better than
the original offer. Read "as good or better than".
Exactly.

Regards

Jonathan

Donna Richoux
2008-05-28 08:42:31 UTC
Post by Jynie
Hello.
I am having trouble with the "no less", is it a double negative? When I
read over it it is confusing.
If an offer made by person A is not accepted by person B and person A
obtains a judgment on the claim "no less favourable" than the offer made
by person A...
It "no less favourable" simply saying "not favourable"? and why not just
say "not favourable" instead of "no less favourable".. I don't know why,
but I really have trouble with the "no less" part of it ..
Yes, it's a double negative. When you see it, try substituting "as". "A
claim as favorable as..." "No less favourable than" would be the same as
"no worse than." If you tie the "less" to the "favourable" that might
make more sense. Not less-favourable. Not worse than. As good as.
--
Best -- Donna Richoux