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The complaint described a scheme in detail but used conclusory language for one required element. The key event occurred after warnings, partial performance, and a written objection by the affected party. The opponent argues that the objection came too late to preserve the issue.
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.