I wasn't asked to give a complete ruling, I was asked if NS had grounds for requesting one. Besides, it was late, I was tired, and I had to get up early this morning to go play "hurry up and wait" for three hours after a 75 mile drive (and then drive back).
Fred is correct that the proper way to give a ruling is to explain the basis of the ruling, including the pertinent laws (and including, if there is any doubt, reading the law from the book, at least in f2f bridge).
There was some missing evidence in Jilly's orginal post: were ACBL regulations in effect (it seems they were). Was EW's agreement in fact that 3
♣ was weak? Let's assume it was, for I'm sure Jilly would not have brought this up if it weren't. .
Okay, there has been a violation of Law 40B (1997 Laws) or Law 40B2(a) (2007 Laws) via the failure to alert as required by the ACBL alert regulation. This will (Law 12A, 1997 or 2007 laws) lead to an adjusted score per Law 12C2 (1997) or 12C1 (2007) if the NOS were damaged.
"Damage" is defined, essentially as "the non-offending side got a worse result than they would have got if there had been no irregularity". Were NS damaged? Certainly. Whatever the table result in 3
♣, NS would almost certainly have done better in 3
♠. Would they have got to 3
♠? The legal guideline for the TD here is to adjust for the NOS to "the most favorable result that was likely had the irregularity not occurred" and for the OS "the most unfavorable result that was at all probable". So we have to investigate.
Were NS like to get to 3
♠ (or some other contract) absent the irregularity? You'd have to ask them. Fred suggests they might have got to 4
♠, making 4. Fair enough. That's almost certainly "the most unfavorable result that was at all probable", so let's award that to the OS. Is it "likely"? I suppose that depends on the players involved. Sounds like it would be for Fred, at least,
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but lesser mortals, maybe not. So how good were these players? Do they argue they might have got to 4
♠? Giving them the benefit of the doubt (which, btw, should always go to the NOS) let's say yes. So I'd revise my earlier statement, and rule 4
♠ making 4, NS +620, EW -620. If the TD does not think reaching 4
♠ is likely, he might award NS +170 for 3
♠ making 4, but EW should still get -620 ("at all probable").
Jilly asked "should they have found their ♠ fit regardless?" The 2007 law 12C1{b} says "If, subsequent to the irregularity, the non-offending side has contributed to its own damage by a serious error (unrelated to the infraction) or by wild or gambling action it does not receive relief in the adjustment for such part of the damage as is self-inflicted." The (current) ACBL guideline in these cases is "was there a 'failure to play bridge?'. I would say there was not. As several posters have pointed out, it's a lot harder to compete on these NS hands when you believe the opponents have a significant majority of the points. So there are IMO no grounds for denying the NOS redress here. (Note that even in cases where you
do deny redress, the OS should still get the score adjustment they've earned by their infraction). In Adam's story on this point, I think the director was wrong.
Note: in some jurisdictions, the TD is permitted to weight the score adjustment according to the probabilities he assigns to each of several possible outcomes. The ACBL is not one of those jurisdictions, so I'll leave it at that.
Better, Fred?