blackshoe, on 2013-November-25, 19:28, said:
"Could have been aware" is so very broad that I have to wonder - when could a player painted as you have painted south possibly not have been aware?
This strikes me as an awful lot like a foregone conclusion: you set South up. He must be guilty, you say, and then ask us if he's guilty. What is your point? That the law is flawed? Maybe it is. So now what?
I suspected that what dburn correctly regards as the "machination" of South would be viewed differently by the majority on this forum, and I was right. The purpose was twofold; to establish how TDs would rule if the situation as described occurred (and we assume the facts are as reported) and to decide if the Law should be changed. Yes, "could have been aware" is broad. If West had not covered the ten of diamonds, and declarer had then finessed the jack of diamonds, and called "small diamond" when dummy now had the ace and king remaining, and a brain-dead East still thought this was going to be ruffed and therefore discarded, I would rule that declarer "could not have been aware" that the technical breach of 46A could gain.
Actually the Law as it stands copes very well with this case, in that adjustments for infractions of 46A are only made if a player could have been aware that the infraction would gain. Perhaps it should just remain as it is.
I prefer to give the lawmakers credit for stating things for a reason - barmar