[blml] Ignorantia juris non excusat (was Equity) [SEC=UNOFFICIAL]

[Grattan Endicott]

Grattan Endicott
grandeval at vejez.fsnet .co.uk
[also gesta at tiscali.co.uk]
****************************
"If you're not sure what to do with 
the ball, just pop it in the net and 
we will discuss your options afterwards."
                          ~ Bill Shankly.
 vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
+=+ I think Alain should disabuse himself of the 
misconception that an implicit understanding 
exists only if a player will take his partner's habit 
into account.  Laws 40B, 75A and 75C provide.to 
the contrary.  For the avoidance of doubt the WBF 
Code of Practice says this: "A partnership may not 
defend itself against an allegation that its psychic 
action is based upon an understanding by claiming 
that, although the partner had an awareness of the 
possibility of a psychic in the given situation, the 
partner's actions subsequent to the psychic have 
been entirely normal. The opponents are entitled 
to an equal and timely awareness of any agreement,
explicit or implicit, since it may affect their choice 
of action and for this reason the understanding must 
be disclosed."
        If through partnership experience the partner 
is aware of his partner's habit he must disclose that 
awareness. If he fails to do so and the information
turns out to be crucial for the opponent's choice of 
action redress is due for any damage and in his 
discretion the Director may apply a procedural 
penalty. 
                                     ~ Grattan ~   +=+. 
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----- Original Message ----- 
From: "Alain Gottcheiner" <agot at ulb.ac.be>
To: <richard.hills at immi.gov.au>; <blml at rtflb.org>
Sent: Wednesday, July 18, 2007 8:24 AM
Subject: Re: [blml] Ignorantia juris non excusat 
               (was Equity) [SEC=UNOFFICIAL]


>  an habit creates implicit understandings only 
> if a player takes this habit into account, which 
> is not the case of Herman's partners.
>