[BLML] L12C1(e)(ii) - correction

pop-server.san.rr.com mfrench1 at san.rr.com
Tue Dec 8 23:27:44 CET 2009


Marv wrote:


>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)

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.

Marv
Marvin L French
San Diego, CA
www.marvinfrench.com




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