I submit the following proposal (AI=1.7, II=1), entitled "equation as
amendment":
In Rule 2169, replace:
An equity case has a judicial question on equation, which is
applicable at all times following the pre-trial phase. The
valid judgements for this question are the possible agreements
that the parties could make that would be governed by the rules.
with:
An equity case has a judicial question on equation, which is
applicable at all times following the pre-trial phase. The
valid judgements for this question are the possible amendments
to the contract.
and replace:
When an applicable question on equation in an equity case has a
judgement, and has had that judgement continuously for the past
week (or all parties to the contract have approved that
judgement), the judgement is in effect as a binding agreement
between the parties. In this role it is subject to modification
or termination by the usual processes governing binding
agreements.
with:
When an applicable question on equation in an equity case has a
judgement, and has had that judgement continuously for the past
week (or all parties to the contract have approved that
judgement), the contract is amended as specified in the judgement.
--Wooble
