On Mon, 14 Jan 2008, Ian Kelly wrote: > ...So if IRRELEVANT were ultimately found to be appropriate in > 1860, then EXCUSED would be inappropriate in 1863 (it can't be true > that "the defendant could not reasonably avoid breaching the rules in > a manner at least as serious as that alleged" if the defendant did not > in fact breach the rules).
I'm not sure. If an argument is coincidentally the right judgement but for the wrong reasons, and is corrected in arguments either through a concurring opinion or a new judgement, the original judgment might be considered inappropriate anyway, as it didn't demonstrate the "if X" part of the "appropriate if X" construction in R591. -Goethe
