[blml] Who's afraid of the ... [SEC=UNOFFICIAL]
richard.hills at immi.gov.au
richard.hills at immi.gov.au
Tue Sep 4 06:25:36 CEST 2007
Richard Hills:
>>This follows the Maastricht precedent where it
>>was ruled irrelevant to the claim on a double
>>squeeze, the inconvenient fact that declarer had
>>actually mistimed his double squeeze.
Steve Willner:
>Richard was being facetious, but in case anyone
>missed the point, in the Maastricht case the
>error was _after_ the claim, when declarer
>illegally tried to "play it out." Claimers, both
>expert and otherwise, are protected from
>irrational errors, even though declarers do
>occasionally crash honors, pitch winners, revoke,
>or make other irrational plays. However, nothing
>protects claimers from irrational errors made
>_prior_ to the claim.
Richard Hills:
True, I was being facetious, but only because the
Maastricht precedent is laughable, a classic case
of the law being an ass.
For most people it is normal, not irrational, to
mistime a double squeeze. To determine whether
the Maastricht declarer was part of the "most
people" majority, I would argue that the mistimed
play which occurred after the claim provided
exquisitely sufficient evidence of declarer's
"most people" status.
Best wishes
Richard James Hills, amicus curiae
Level 6 Aqua Training Suite, DIAC
02 6225 6776
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