........ why should the hunter be able to?
A judges view of a hunters actions.
“Mr. Wolfe kept his rifle in a case on the floor of the truck behind his seat and carried ammunition in his pocket. His evidence, which I accept on this point, was that, as they were driving towards their usual parking spot, he observed “movement” in front of him to the right side of the field in the same area where he had observed the two deer the previous day. He ‘abruptly’ stopped the truck, put it in park, left the truck engine idling, and, according to his recollection, said to Mrs. Wolfe “that’s got to be the deer that I saw the day before” (yesterday). Mr. Wolfe, immediately on stopping the truck, stepped out, took hold of his rifle, uncased it, and inserted a bullet in it. He left the driver's door of the truck open and knelt or stood approximately three feet from it. He looked through the scope and saw what he thought was a brown object. He focused on the cross hairs of the scope on this object. Then, according to his testimony, he saw what he thought was the white fur of a deer tail. He assumed that what he was seeing was a deer getting ready to bolt “as they always do” and he fired his rifle.”
“I note, .......... Mr. Wolfe, was solely responsible for the accident.”
The onus is on the guy who pulls the trigger.
Scenario 1.
So, you crawl through the grass approaching a group of rams/bulls/bucks, while you did not keep your eyes locked on the quarry during the approach, you finally get into shooting range.
You are two feet to the left of your PH. Both looking at the Rams spread among the grass and bush.
You have your eyes set on a very good Ram and the PH is watching through the binos. He finally gives you the go ahead after proper assessment.
You are quite willing to shoot but tell him that the vital area is covered by a tree.
The PH turns to you and says, "No, it's not" with the look on his face "you are nuts". Then it dawns on you both, you are each focused on a different Ram.
You re-group and get focused on the "right one". Just lucky.
Scenario 1a
So, if you did pull the trigger on the original call and shoot the "wrong one" do you pay for it?
Who's screw up is it?
Who pulled the trigger?
The hunter pulled the trigger before ensuring the target was the right one.
Scenario 2
If the PH makes an "inches call" on a "per inch price list property" and you have specified your budget/inches limit and he calls the shot and the trophy turns out to be over the limit; It's on him. You pay the lower price.
(Shot in the clear, known animal standing still, all the judging is done by the PH.)