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Question: You and I have signed a contract. You hired an incompetent lawyer (but one who was officially certified to practice law) to negotiate your side of it. I engage in some action that triggers a contract provision that imposes a financial burden on you and benefits me. Had your lawyer been competent she would not have allowed that provision into the contract. Was I acting opportunistically under our definition? Is it economically efficient if the law allows you to avoid paying me (it usually does not) because you claim your lawyer was incompetent.

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