[blml] I can make whatever ruling I want!
Tim West-Meads
twm at cix.co.uk
Tue May 1 14:37:00 CEST 2007
Grattan wrote:
> +=+An interesting point. The Director has to bear in
> mind that he/she is the agent of the SO (Law 81A) and
> the ultimate responsibility for anything the Director does
> lies upon the SO. It is for the SO to control its Directors.
It might be interesting were there any truth in the above assertions.
The SO is responsible for the appointment of the TD but not for his
control. The TD, while a representative of the SO (L81A), has a duty to
uphold the laws (L81b/c). Even if the TD delegates some powers/duties
to representatives of the SO he is not relieved of responsibility for
the correct exercise of those powers (L81D).
The liabilities of the SO for the actions of an aberrant TD are a matter
for employment/contract law and well outside the scope of the laws of
bridge. If it's a purely bridge matter (e.g. a ruling on a point of
law) the SO lacks the authority to overturn the ruling but may refer it
to the NA who have the necessary legal standing to overturn such a ruling.
In the original example it would be perfectly legal for the TD to decide
that she made an error in appointing herself a temporary substitute on
the hand in question and provide remedy under L82c.
Whether so doing might be considered "the right thing" is probably a
function of the exact circumstances and is a judgement issue.
Tim
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