[blml] Any redress or rub of the green [SEC=UNOFFICIAL]

Sven Pran svenpran at online.no
Sun Apr 29 12:49:00 CEST 2007


> On Behalf Of Herman De Wael 
................
> IIRC it was Sven who said that you should rule misbid if the
> information was on the CC, and it was I who came to your defence by
> citing law references (I admit, in too few words) to support your
> examples.

As I am dragged into this please let me clarify that what I intended (and
still intends) as my opinion:

When an explanation does not conform to a call and there is (strong)
evidence to support the explanation as being correct then a misbid ruling is
in order. 

And when conflicting evidence on the actual agreement is presented then I
generally consider (previously prepared) written evidence (e.g. CC) as the
stronger.

However, this must not be understood that I discard a verbally expressed
agreement within the partnership that their CC has (accidentally) been
incorrectly written on a particular point. Even then I shall in such cases
rule misinformation if I judge that opponents have had satisfactory reason
to trust that the CC reflected the actual agreement.

I believe we all fully agree that when the Director cannot to his
satisfaction establish precisely what is the agreement on a particular call
then he shall rule misinformation rather than misbid (according to L75
footnote).

Regards Sven




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