Juristis
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Guys, the draw rule is one of the few ways to counter a legion of skeletons. How will this be possible with your new rule? This is the first thing I don't like about the new rule.
Secondly, you'll have to think much less during battles between factions. According to the current rules, when you attack some fairies with 20 skeletons or zombies, you first need to think about how you will kill these fairies, especially if the fairies have magic.
Here's a simple example: let's say Vidomina has 7 fairy units, 20 mana, and 4 archers. You have Kira with skeletons and zombies, bought in the Necropolis, 30 mana, and 6 archers. If you attack as is, you won't have enough mana for all the units, and you'll have to retreat. So, you need to think and find a solution to this problem. Either rely on buying out and immediately buy another hero, or look for some upgraded serpent, or maybe a couple of archers. In general, you need to prepare for the battle first, and then attack. And this is very good; it forces players to take this aspect of the game more seriously. In your case, it will be enough to simply attack with larger forces against smaller ones, and the latter will have to retreat. And there are also factors such as morale and terrain, which you also need to keep in mind. And, for example, in Might and Magic 200, such battles happen every turn. The draw option is technically impossible, so I won't even comment on it.
You say that it will be fairer if the retreating side is the one that was dodging, and that may be so, but it will greatly impoverish the tactical and strategic aspects of the game. You'll have to think much less, just attack and not worry about anything in the endgame.
In War of the Throne, necromancy was removed. Is that fair? Yes. Did it impoverish the game? Yes.
Experience was added to the troops. Is that fair? Maybe. Did it impoverish the game? Yes.
It's not worth citing the situation in the specific Oldboy-Shemon game as an example, as this is a very rare case, and besides, the attacker had a real chance to win the battle, but he didn't take advantage of it.
Besides, all players have long been used to the draw rule, and it will take a long time to get used to the new wording. And our current wording in this aspect coincides with the rules of other resources. How are we supposed to play in inter-portals?