pran, on 2018-May-17, 02:11, said:
A fundamental principle which is often overlooked is that a deviation from disclosed agreements/understandings is (legally) a psyche only if partner has no more reason than the opponents to be aware of the deviation.
blackshoe, on 2018-May-17, 14:23, said:
I think this is a mis-reading, or perhaps a mis-stating of the law. That phrase applies to all deviations, not just psychs. Your point seems to be that if the bidder's partner is aware of the possibility, then it's not a psych. That's true, but if he's aware of a particular deviation, then it's not a deviation either.
pran, on 2018-May-17, 02:11, said:
So stating that "partner has a tendency to psych in these positions" (or words to similar effect) automatically makes that partner's call included in the partnership's agreements/understandings and no longer a legal psyche.
blackshoe, on 2018-May-17, 14:23, said:
Precisely. Same for deviations that aren't "gross".
I do believe that we really fully agree here.
Personally I am not comfortable with the term "psyche" as denoting a "gross" rather than a "minor" (deliberate) deviation from partnership understandings/agreements.
Law 40C1 does not distinguish, but instructs the Direector to handle either case in the same way.