iviehoff, on 2013-September-09, 04:50, said:
Indeed and I have never been in any doubt of it. But there was an additional condition in my original query you haven't addressed.
In the present case there wasn't actually a misunderstanding. It seems to me to be taking things a step further to allow the NOS the (chance) benefit of a lead they would have made if they had falsely deduced that there had been a misunderstanding, a false deduction they might have fallen to from thinking that a corrected explanation implied a misunderstanding, whereas in fact it arose from incompetence.
In the present case there wasn't actually a misunderstanding. It seems to me to be taking things a step further to allow the NOS the (chance) benefit of a lead they would have made if they had falsely deduced that there had been a misunderstanding, a false deduction they might have fallen to from thinking that a corrected explanation implied a misunderstanding, whereas in fact it arose from incompetence.
Sorry, I was so keen to answer the question that I wanted to answer that I missed what you were actually asking.
We are supposed to restore equity, that is we recreate the state which would have existed without the infraction. If NS's expectation before the second infraction was to hear a corrected explanation, make a false inference from that correction, and fortuituously profit as a result, then that's what NS are entitled to, and that's what we should give them.

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