[blml] Ignorantia juris non excusat [SEC=UNOFFICIAL]

[Wayne Burrows]

On 24/07/07, richard.hills at immi.gov.au <richard.hills at immi.gov.au> wrote:
> Sven Pran asserted:
>
> >The experience that partner forgets his system and
> >misbids does not lead to any agreement however frequent.
>
> Richard Hills differs:
>
> I mostly disagree.  If partner's misbids form a pattern,
> then they create implicit agreements.
>
> A classic example is the Ghestem Convention.  If a jump
> overcall of 3C by explicit agreement shows a two-suiter
> in diamonds and hearts, but in practice 50% of the time
> partner's jump overcall of 3C is a misbid with long
> clubs, then there is an implicit agreement that
> partner's 3C overcall is a Multi with two meanings,
> either clubs, or the reds.  And such a Multi meaning
> must be appropriately disclosed to the opponents.
>

There is not an implicit agreement just because you say so.  You need
some evidence to determine that this agreement exists.  Players are
allowed to make mistakes.  I would find it very surprising if a
partnership had an agreement to make mistakes.

A pair that forgot their system so regularly would have an obligation
to disclose this experience in answer to a question - its possible
they wouldn't creating a MI situation.  To say they have an agreement
is a great leap of unwarranted faith.

Wayne