[BLML] L12C1(e)(ii) - correction
mfrench1 at san.rr.com
Tue Dec 8 23:27:44 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
> 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
> preceding and affected by it.
> This excludes contracts not undertaken. Skillful play on the part
> the NOS, unrelated to the irregularity, must not be removed from
> adjustment (WBFLC minutes, Lille 1998) , and actions contrary to
> system of the NOS are not to be assumed (Grattan)
While squeezing a mountain of limes for my daily Margarita, I
realized that this won't do.
"contracts undertaken" should be "contracts undertaken (or that
possibly would be undertaken)...", something like that.
Then, this excludes contracts very unlikely to be undertaken.
I have a great sympathy for the drafting committee gained from my
efforts in rewording this law. It ain't easy.
Marvin L French
San Diego, CA
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