bridgetalk.com forums :: Laws & Rulings :: force majeure / act of god (case of arriving late)

Joerg Fritsche

force majeure / act of god (case of arriving late) ( 21:32:45 ThuJul 18 2002 )

Hello Forum,

I am from Germany and member of our national appeals committee. We have to decide in a case of arriving late at a team match in the league and I would like to know, whether you have clear regulations in your NBO's rules for dealing with arriving late at a tourney, if it is a case of force majeure (act of god, higher force or whatever term you use for it).

In German NBO our rules say:
If your team is not complete at the start of the match (and can not be completed with a substitute) you receive a warning for the 1st 5 minutes, after that you are subtracted 0.2 VPs for every minute. If you are more than 30 minutes late, appeals committee has to decide. If you are more than 45 minutes late, match is lost with 0 VPs for your team.
All this unless it is a case of force majeure. This means according to our comments that 'due to circumstances, which prevented a player despite sufficient care to appear in time'

We don't have any examples or comments in our regulations, and we didn't have a similar case like that we have to decide now in the past.

Do you have any suggestions of your NBO's regulations or similar cases to support me ?

Thanks in advance,

Joerg Fritsche

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Re: force majeure / act of god (case of arriving late) ( 17:16:44 FriJul 19 2002 )

ACBL Conditions of Contest are online at http://www.acbl.org/details.asp?id=1829&PID=9918

The ACBL regs for Swiss Teams, at least, are similar to the German regulations posted. They don't speak to "acts of God" per se, but do say that a TD can ignore or modify the penalty/disqualification provisions "if compelling reasons exist".

I don't know of any case law involving this question.

Grattan Endicott

Re: force majeure / act of god (case of arriving late) ( 17:34:11 FriJul 19 2002 )

Provided the understanding of 'force majeure' is applied sympathetically, I would think the regulation sensible.

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Re: force majeure / act of god (case of arriving late) ( 23:35:29 SatJul 20 2002 )

Hi, Grattan, and welcome!

[Josef Harsanyi]

Re: force majeure / act of god (case of arriving late) ( 21:53:28 WedNov 20 2002 )

The TD is not sure after arrival of a team, if the law-option force majeure to apply or not, the AC should decide. He let play the team, 29 Boards of the prescribed 32 will be played. Both teams agree with the decision of TD.

The result, achieved by this way in a sporty competition, can be erased by the AC, if they judge, the delay was not totally act of god?

bluejak

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Re: force majeure / act of god (case of arriving late) ( 08:12:37 ThuNov 21 2002 )

Certainly if the regulations say so.

But I do not like leaving it to the AC. That means it will definitely be decided later, which is not desirable. It should be a TD decision, whihc may be appealed.

---
David Stevenson <laws2@blakjak.com>
Liverpool, England, UK
http://blakjak.com/lws_menu.htm

[Jon]

Re: force majeure / act of god (case of arriving late) ( 03:37:06 FriNov 22 2002 )

Perhaps the following Rule of Golf and Decision of Golf
would be a helpful guide:

RULE:

6-3. Time of Starting and Groups
a. Time of Starting
The player shall start at the time laid down by the
Committee. . . . PENALTY FOR BREACH OF RULE 6-3:
Disqualification.

DECISION:
Q. A Committee may in exceptional circumstances waive
the penalty of disqualification under Rule 6-3a for
failure to start on time (Rule 33-7). With reference to
the following examples, what circumstances are considered
exceptional such that the Committee would be justified in
waiving the penalty if the player failed to start at the
time laid down:

1. The player gets lost on the way to the course.
2. Heavy traffic results in the journey to the course
taking longer than expected.
3. A major accident results in the journey to the course
taking longer than expected.
4. The player's car breaks down on the way to the course.
5. The player was present at the scene of an accident
and provided medical assistance or was required to give
a statement as a witness and otherwise would not have
failed to start on time.

A. There is no hard-and-fast Rule. The proper action
depends on the circumstances in each case and must be
left to the judgment of the Committee.

Generally, only example (5) constitutes exceptional
circumstances which might justify waiving the
disqualification penalty under Rule 6-3a.

It is the player's responsibility to ensure that he
allows enough time to reach the course and he must
make allowances for possible delays.

Jon

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bluejak

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International Bridge Laws Forum

If you need help with the Laws or rulings from any country in the world, this is the place!Hosted by David StevensonSenior Consultant DirectorEnglish Bridge Union

If you need help with the Laws or rulings from
any country in the world, this is the place!

Hosted by David Stevenson
Senior Consultant Director
English Bridge Union