[BLML] Eric's position on disclosure when unsure

Steve Willner swillner at nhcc.net
Wed Nov 7 17:58:18 CET 2012


On 2012-11-07 11:20 AM, Nigel Guthrie wrote:
> Under current law, when you are
> *sure*  of your agreement but fear that partner may have forgotten, you can
> take that into account when making subsequent calls.

That depends on why you fear partner may have forgotten.  If it's UI, 
you have to follow the usual rules.

> In that case, Eric must
> admit, you're*not*  guilty of MI.

That also depends on why you fear partner may have forgotten.  If it's 
only the contents of your own hand, then indeed there's not likely to be 
MI.  If your supposed agreement was at all vague, though, MI might be an 
issue.


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