mfrench1 at san.rr.com
Tue Dec 8 22:25:14 CET 2009
I now realize that "the most unfavorable result that was at all
probable" has not been understood by some who need to understand it,
despite two examples that I have provided. Evidently the law needs
to be more explicit. Here is my effort:
For an offending side the score assigned is the most unfavorable
result at all probable of contracts undertaken by either side that
are coterminous with the irregularity or subsequent to it.
"Undertaken" means attempted, not necessarily achieved.
"Coterminous" means coincident with the irregularity or immediately
preceding and affected by it.
This excludes contracts not undertaken. Skillful play on the part of
the NOS, unrelated to the irregularity, must not be removed from an
adjustment (WBFLC minutes, Lille 1998) , and actions contrary to the
system of the NOS are not to be assumed (Grattan)
I need BLML acceptance of my suggested wording or its provision of
a superior one. Keep it short, please. If I have omitted some
possibility, please provide an example or two.
Marvin L French
San Diego, CA
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