Risks of Rejecting Without Prejudice Offers
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Questions and Answers

What is a potential consequence for the plaintiff who refuses a without prejudice offer?

  • The plaintiff must accept the offer if it is moderate.
  • The plaintiff is guaranteed to win the trial regardless of the outcome.
  • The plaintiff may recover all legal costs incurred post-offer.
  • The plaintiff risks forfeiting the right to recover certain costs. (correct)

    • What happens if the court issues a judgment in favor of the plaintiff, but the awarded amount is less than the defendant's offer?

  • The court automatically awards double the tender amount.
  • The plaintiff receives full compensation for the trial costs.
  • The plaintiff is penalized for not accepting the earlier offer. (correct)
  • The defendant is liable to pay additional costs.

    • What rule governs the rejection of a defendant's without prejudice offer in this context?

  • Rule 32
  • Rule 36
  • Rule 34 (correct)
  • Rule 30

    • If the plaintiff proceeds to trial after rejecting a without prejudice offer, what can the court do regarding legal costs?

    <p>The court has the discretion to deny recovery of legal costs post-offer.</p> Signup and view all the answers

    What is the primary purpose of a 'without prejudice' offer in legal proceedings?

    <p>To facilitate settlement discussions without admitting liability.</p> Signup and view all the answers

    Study Notes

    Risks of Rejecting a Without Prejudice Offer

    • Rejecting a without prejudice offer from a defendant could result in the plaintiff losing some or all of their costs.
    • If the plaintiff declines the offer and the case goes to trial, and the court rules in the plaintiff's favor but for less than the previously offered amount, the plaintiff might face penalties.
    • These penalties often include the court refusing to award the plaintiff any legal costs incurred after the offer was made.
    • The defendant's "without prejudice" offer/tender can be critical in rule 34 proceedings.

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    Description

    This quiz explores the potential consequences of rejecting a without prejudice offer in legal proceedings. Understand how failing to accept such offers can impact a plaintiff's costs and outcomes at trial. Learn about the critical aspects of Rule 34 and the implications of the defendant's tender.

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