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The complaint described a scheme in detail but used conclusory language for one required element. After an initial agreement or ruling, later conduct created ambiguity about whether the required legal element was satisfied. The opponent argues that the doctrine is unavailable because one formal requirement is missing.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence.