Failure in play? Unless you're including character creation in "play" and excluding unexpected turns in the campaign, then you're not looking at the same example I wrote.Not sure that it's a good selling point: that a big benefit to the 3.x skill system is that it can correct for a different failure in play. Your scenario should have been avoided before play even started.
Adaptability over time isn't a flaw by any reasonable standard. One of the primary features of RPGs in general is that characters advance and grow, learn from Experience and get better. If you see that as a flaw then maybe you should try RISK.
Or am I misreading you?