iviehoff, on 2013-January-04, 11:08, said:
This is truly excellent, and I find Jeffrey Allerton's Ex nihilo argument that Burns reports very interesting. Whilst I agree with the general principle, I am not as convinced as Jeffrey that there has been no infraction.
In both the present case, and Burns' case, a player has made a bid, in the absence of a clear agreement, in the hope that partner will get the gist; and if he does understand it as intended, then it is clearly alertable. However the partner has neither understood it that way nor alerted it. What Jeffrey is saying in effect is, if one does get through to partner in an undiscussed situation, then there is an understanding; but if one doesn't get through, then there isn't an understanding, and the bid was in effect a misbid in its intended but not understood meaning.
There is some pleasing logic to that argument, but I fail to be convinced, or at least not in general. The difficulty with it has its origin in the thought "who is being more stupid - me for thinking you'd understand my bid that way, or you for failing to understand my bid that way". Perhaps partner was being really rather dense today in failing to understand it, and on a better day he would have done. Can we really decide whether something is an infraction depending upon how well a player is playing today? I think the director can't simply say "it wasn't agreed, he didn't understand it or alert it, therefore it was a misbid". He does have to take a position on who was being more stupid, and remember the injunction to lean in the direction of saying MI rather than misbid.
The 2010 "possibly inverted raise" case to which you refer has similarities with the 2012 case described at the start of this thread, but there is also a potentially important difference.
In the 2010 case, the TD's statement of facts (reported to the AC and quoted on the appeals form) included the following: "The TD is convinced that E/W do not have an agreement." My argument at appeal was that, based on the TD's finding, there was no requirement to alert, hence there was no infraction, hence there should have been no adjustment. In the 2012 case described at the start of this thread, it would appear that there was no agreement about 3
♦ and by the same argument, the failure to alert was not an infraction.
In the 2010 case, the AC did eventually agree to an adjusted score. Why? One AC member felt strongly that a player would never bid 2
♣ after 1
♣-(1
♥)-? intending it as forcing unless he had some reason to believe that partner would take it as forcing, and that reason was probably an explicit or implicit partnership understanding. This seems like a reasonable argument.
Now let's look at the 2012 case again. When South bid 3
♦ how did she suppose that North would work out that her bid was not showing diamonds? Based on partnership understanding? Probably not, because it's unlikely that the sequence or anything like it had come up before. Based on general bridge knowledge? Probably yes.
To put in another way, if I had been South in the 2012 case, I would equallly bid 3
♦ whether playing with a first time partner or with a partner I have been playing with for the last decade. On the other hand, I would only bid 1
♣-(1
♥)-2
♣ intending it as forcing if I had specifically agreed to play it as such with that partner.