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Here W bid with a certain intended meaning, and, without UI, his partner eventually understood it.
Yes, but why did he eventually understand it? If based on partnership experience, it is a breach of Law 40A3, which is what a fielded misbid is all about. Someone posted something about "unless there is a CPU" which is the same thing, expressed differently. Remember that partnership understandings can be implicit rather than explicit.
If I was playing in an English club with a strange partner I would never take 3
♥ as a splinter and would assume 5
♣ was forcing. But with people infected by my own ideas I might guess that 3
♥ was a splinter even without an explicit agreement. Thus I would be using an implicit agreement based on my knowledge that
this partner follows some of my views so might follow the view that I believe 3
♥ should be a splinter.
Remember we were not given much info in the original post. Yes, someone has argued what we are meant to do if we cannot decide the agreed meaning of 3
♥. But suppose we can? We were not told whether this pair was experienced or pickup: whether 3
♥ in their system was natural, splinter, or not explicitly agreed.
So, I still think a fielded misbid is a possibility on the information [or lack of it] available to us.
Uncontested EW auction:
1♠ - 2♣
3♥ - 4♥
5♣ - P