Zelandakh, on 2014-May-15, 02:18, said:
Then what do you mean? You have accepted Andy's idea that the miscounts represent a disclosable partnership agreement and therefore are part of their system. We are also assuming regulations that make such a system illegal and you are going to penalise them for playing the illegal system and enforce that they play a new one. But that is not possible. Whichever system you enforce the player concerned will still miscount and that will still be part of their agreements. What are they to do other than give up the game?
Have I? I don't recall saying that I accepted anything. I made a general response to your question about how to handle agreements to play an illegal system.
The fact, as I understand it, is that we have a pair one member of which frequently misevaluates his hand because he is unaware that he has all the honors that he in fact holds. Three questions have arisen from this fact:
1. Once this player's partner becomes aware of this fact, is it AI or UI to him?
2. Once this player's partner becomes aware of this fact, what are his disclosure obligations?
3. Once this player's partner becomes aware of this fact, the partnership will have an implicit partnership understanding. What shall we do if regulations make this understanding illegal?
On question 1, Laws 16A1{d} and 16A2 are germane. Those Laws:
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16A1{d}: A player may use information in the auction or play if:
…d) it is information that the player possessed before he took his hand from the board (Law 7B) and the Laws do not preclude his use of this information.
16A2: Players may also take account of their estimate of their own score, of the traits of their opponents and any requirement of the tournament regulations.
Knowledge of this trait of partner's is certainly information that one would possess before taking one's hand from the board, but do the Laws preclude its use? 16A2 would seem to imply that they do, since it explicitly mentions traits of the opponents, but not of partner.
Another law that may bear on this is
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40A2: Information conveyed to partner through such understandings must arise from the calls, plays and conditions of the current deal. Each player is entitled to take into account the legal auction and, subject to any exclusions in these Laws, the cards he has seen. He is entitled to use information specified elsewhere in these Laws to be authorized (see Law 73C).
73C just tells players not to take advantage of UI. There is a list of example sources of UI in that law, but it is not exhaustive, so we have to look elsewhere for that determination, which is why I've included 16A2 in this discussion. This law, coupled with the implication in 16A2, leads me to conclude that the implicit understanding is UI, but I would be happy to consider cogent arguments explaining why it's not.
What are the disclosure obligations?
[
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Law 40A1{b}: Each partnership has a duty to make available its partnership understandings to opponents before commencing play against them. The Regulating Authority specifies the manner in which this shall be done.
The emphasis is mine.
In general, RAs specify that the manner in which disclosure shall be made before play commences is through the system card. There is, so far as I know, no RA that explicitly specifies that this kind of information should be disclosed that way. Another method is via pre-alerts, which are usually made at the beginning of a round. Again, so far as I know there is no requirement anywhere to pre-alert this understanding. I suspect the reason for this is that no one expects that a player will frequently and consistently fail to properly evaluate his hand in this way. IAC, the conclusion seems to be that there is no requirement to disclose this information.
What do we do if the implicit understanding turns out to be illegal?
I've already addressed this in general terms. In this specific case, as several posters have pointed out, applying that procedure would likely result in "kicking people out of duplicate bridge" whose sole fault is that they're not capable of evaluating their hands properly. In a club game there might be a lot of such people. Do we want to preclude them from playing bridge? No. So what do we do? I think the practical answer is to require the partnership to disclose on the system card this trait of one player's, to require his partner to make every effort not to take advantage of the UI (assuming it is UI) that partner has this trait, and to ignore any regulation that makes the implicit understanding illegal (or, better, to make the understanding explicitly legal). This will deal appropriately with the problem at clubs, but it leaves unanswered the problem of what to do if this pair goes to a tournament. I don't have a good answer for that one, except that one might hope that they won't go to a tournament.