[blml] About restoring equity

[gesta at tiscali.co.uk]

Grattan Endicott<gesta at tiscali.co.uk
[following address discontinued:
grandeval at vejez.fsnet.co.uk]
********************************
"Small talk dies in agonies."
                     ~ Shelley
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----- Original Message ----- 
From: "Steve Willner" <swillner at nhcc.net>
To: <blml at rtflb.org>
Sent: Friday, November 09, 2007 1:46 AM
Subject: Re: [blml] About restoring equity


>> From: "Grattan Endicott" <gesta at tiscali.co.uk>
>>  In Law 12C2 I read: "had the irregularity not occurred"
>
> Note the singular "irregularity."  Unfortunately, the new Laws seem to
> blur this with (in the Introduction) "Finally, unless the context
> clearly dictates otherwise, the singular includes the plural...."
>
> I don't see why this statement was added.  Usually there is significant
> difference between singular and plural events.
>
>> 64C refers to "any established revoke, including those not subject
>> to penalty". Law 64B2 lists a second revoke by the same offender
>> in the same suit.
>
> And in the new Laws, 64B2 specifically refers to L64C.  This seems to
> imply an adjustment for the second revoke itself, not for the combination.
>
>>     (2007)  "Damage exists when, because of an infraction, an
>> innocent side obtains a table result less favourable than would
>> have been the expectation had the infraction not occurred."
>
> Again the singular "infraction" would be telling (indeed conclusive, in
> my view) were it not for the statement in the Introduction.
>
> I hope the forthcoming Appendix will address Konrad's question.
>
+=+ Because of the reference to 64C in 64B2 I do not believe
the word 'irregularity' can be construed here as referring to any
but the one irregularity.   I would say that the context dictates
otherwise.
        In my view the 2007 definition of damage also looks at
each specific irregularity in its own light, although it may then
further look at the cumulative effects of linked irregularities.
                                               ~ Grattan ~   +=+