Once the workers arrived at the job they demanded higher wages for the same work from the company's representative. Plaintiff asked to use the bathroom and was injured when a cracked handle of the cold-water faucet on the basin broke and severed tendons and nerves on his right hand. After surgery, Plaintiff complained of neck and back pain. 5th element to defenses of negligence, The fact that the actor realizes or should realize that action on his part is necessary for another's aid or protection does not of itself impose upon him a duty to take such action. In general, a waiver of any legal right at the request of another party is sufficient consideration for a promise. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence Defendant had to pay the amounts lost by the plaintiff due to his reliance on their unkept promises. (1) Some dangerous thing must have been brought by a person on his land. Albert is liable for damages to Betty's rosebushes. A common law form of legal action available to a plaintiff who claims that a contract has been breached. Hot metal produced by welders using oxyacetylene torches on the respondent's timber wharf (Mort's Dock) at Sheerlegs Wharf fell on floating cotton waste which ignited the oil on the water. Paul's response to Dina clearly caused his injury: a severe concussion and facial injuries. Is the cost of goods manufactured the same as the cost of goods sold? Section 402A of the Restatement avoids the warranty booby traps. (1) Figure out what the position of the non-breaching party would have been if the promise had not been breached; Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? 2022 Michigan Compiled Laws Chapter 125 - Planning, Housing, and Zoning Act 167 of 1917 - Housing Law of Michigan (125.401 - 125.543) Article I - General Provisions. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. -defendant's negligent act must be causation in fact In the case of an applicable retirement plan which includes a qualified Roth contribution program, this paragraph shall apply to a distribution from such plan other than from a designated Roth account which is contributed in a qualified rollover contribution (within the meaning of section 408A(e)) to the designated Roth account maintained under such plan for the benefit of the individual to . ucf computer science placement exam quizlet. 402A (b) (2) (B) maintains separate recordkeeping with respect to each account. Due to Defendants' neglect, the delivery to Joyce was delayed, and Plaintiffs did not receive the new shaft for several days after they should have received it. (2) The thing thus brought or kept by a person on his land must escape. florida blue centipede; can you sell pre market on ex dividend date; esop distribution after deathi have strong sex appeal brainly esop distribution after death. Although he was spared physical injury, the son averred in his complaint against the psychologists that he suffered extreme emotional harm as a result of the event. (a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus Compute Mexicos consumption per capita in dollars. LAW 402A - U of A Schools University Of Arizona LAW LAW 402A LAW 402A * We aren't endorsed by this school LAW 402A - University Of Arizona School: University of Arizona ( U of A) * Documents (227) Q&A (6) Textbook Exercises LAW 402A Documents All (227) Homework Help (4) Test Prep (2) Essays (2) Notes (12) Lecture Slides (1) Showing 1 to 100 of 227 A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. Before the friend could say anything, the man pushed him to the ground. Therefore, Medic's breach of duty was the proximate cause of Pedestrian's injury. The nephew gave up his legal rights at the request of his uncle. Consent of the claimant An equitable doctrine that prevents the withdrawal of a promise by a promisor if it will adversely affect a promisee who has adjusted his or her position in justifiable reliance on the promise. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. The technician wanted to see the demolition of a famous office building. Your client X is interested in purchasing Blackacre. An executor is a person who makes a will. LAW 402A Flashcards | Quizlet LAW 402A Term 1 / 13 What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? The runner slid in such a way that his foot was elevated and knocked the ball out of the second baseman's mitt. So the retired technician took a small boat up the river to the demolition site. The plaintiff should be awarded damages to put him in a position that he would have been in if the contract had been performed in full. There is not enough information from the facts to show that the accident was actually caused by Driver's breach of duty of care and that Pedestrian's injuries were actually and proximately caused by the Driver's negligence. A hiker was walking on a trail in the woods within the boundaries of a state park. Therefore, a servant of Plaintiffs went to the office of Defendants, common carriers, to have the crank shaft taken to Joyce. LAW 402 ACLS - University Of Arizona School: University of Arizona ( U of A) * Documents (126) Q&A (2) Textbook Exercises ACLS Documents All (126) Homework Help (27) Essays (6) Notes (5) Test Prep (1) Showing 1 to 100 of 126 Sort by: Most Popular 43 pages Main Notes.docx 19 pages Consolidated Notes.docx 8 pages RULES.docx 1 pages Sniadach v. (Cratylus 402a = DK22A6). New York state law makes it illegal to commit armed robbery or homicide. (c) At the 1 percent level of significance (=.01)(\alpha=.01)(=.01) does the sample exceed the manufacturer's claim? True False Q11 If a seller gives a written warranty for a product to a consumer,the warranty must be designated as full or limited. 2. the defendant breached the duty of care Act of God if he was under no duty to try to market designs or to place certificates of indorsement, his promise to account for profits or take out copyrights would be valueless. When Plaintiff arrived at the job there was another company doing the work, The general rule of law is that an offer proposed may be withdrawn before its acceptance and that no obligation is incurred thereby. b. Discover the best homework help resource for LAW at University of Arizona. Find the maximum and minimum values of the objective function QQQ over the feasible region. defendant refused to pay, arguing that the cotton was to be delivered by a different ship also called Peerless, which had departed Bombay in October. to bring a sufficient battery claim what must plaintiff do? In 1997, ALI scrapped its previous work in favor of the Restatement of the Law Third of Torts: Products A technician who had just retired from a demolition company after working there for over twenty years went to visit the site of a demolition being conducted downtown near the river. The hiker filed and action against the property owner to recover for her injuries. Does the promise give the promisor unfettered discretion to perform or not perform the promise? Yes, even if he had no desire to kill the friend. True False Q13 Uncle promised nephew $5,000 to abstain from drinking, smoking, and gambling. Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. From the fall, plaintiff received a fractured knee cap and sued the defendant for negligence. Defendants with mental disabilities; A and D are both wrong because the product strict liability plaintiff must show that there was DEUNCH: a defect, the defendant wasengaged in the business of making or selling the product, the product was unreasonably dangerous to the user, there was no substantial change to the productafter it left the defendant's hands, and causation, and harm. Can Rob be held liable to Luis for battery? LAW 402A/502A & LAW 402B/502B : American Common Law System I & II LAW 450A/550A: Native American Law and Policy LAW 467/567: Tribal Courts Practice and Procedure LAW 468/568: Tribal Criminal Law and Procedure LAW 469/569: Native American Family and Domestic Relations Law Outcomes Skills The defendant doctor said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand.". At half-time, all seven people went outside to play in the snow. The Defendant's steamship remained tied to Plaintiff's dock. (T/F) The normal method of enforcement of a contract is an action for damages ($$$) for breach of contract. between the actor and the other which gives to the other a right of protection'". Low throughput jitter is critical to successful waterline technology. Assume that the typical American and Mexican consumer purchases the items in the quantities and pays the prices shown in the following table: FoodTransportationServicesPriceQuantityPriceQuantityMexico5pesos40020pesos200United$11,000$22,000States\begin{aligned} - Although she may have caused fear or apprehension of future injury, and she made threatening gestures, her words seemingly take away the immediacy; her threat is to get Paul later; her intent is to get Paul later, not immediately. Bus law ch 12 Flashcards . Life and Work 2. The Plaintiff in such a case does not have to prove any type of negligence on the part of the Defendant; he or she is prima facie answerable (strictly/absolutely liable) for all the damage which is the natural consequence of the ultra-hazardous activity conducted on his or her land that results in injury to a neighboring landowner. (1) The injured party has a right to damages based on his expectation interest as measured by: Two others earn $116.50\$116.50$116.50 a day. If the steamship had been untied, it would have drifted to sea. There is a multitude of reasons for a miller to send a crank shaft to a third party. He testified that prior to the operation he had never had any such pain, nor had he suffered any injury that might have been the cause. while the breach by Defendants was the actual cause of the lost profits of Plaintiffs, it cannot be said that under ordinary circumstances such loss arises naturally from this type of breach. Which of the following statements is most accurate? . Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. But in determining the intention of the parties, the promise has a value. D died without paying P the $5,000 plus interest. How much does the sixth employee earn per day? Pedestrian suffered severe injuries. Before the house is built, Bob decides that he does not want it, and notifies Anne to that effect. "Upon receiving Owner's letter, Roofer begins to repair the roof. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party. Explain. If a sentence is correct, write C at the end. Mary was celebrating New Years Eve in a public park and unexpectedly drew a pistol from her bookbag, firing it off into the air. CONCLUSION: Rob will most likely not prevail in his appeal unless his is able to show he was unaware his actions would have resulted in some injury or apprehension. Using 348 of R2K, Regardless of any agreement of the parties, damages awarded for breach of an agreement to perform remedial work on property should normally be measured by the reasonable cost of performance of the work; but, when the contract provision breached is merely incidental to the main purpose in view and where the economic benefit which would result to the owner from full performance is grossly disproportionate to the cost of performance, damages should instead be limited to the diminution in value resulting to the premises because of the non-performance. The crew had carelessly allowed furnace oil (also referred to as Bunker oil) to leak from their ship. The world itself consists of a law-like interchange of elements, symbolized by fire. After the cargo had been unloaded, the storm became so violent that navigation was practically suspended. Plaintiff and his wife fell back on the moving belt trying to get on the Flopper ride. Following all local. caveat venditor. Notes They contacted the manufacturer of the engine, W. Joyce & Co. (Joyce), and Joyce agreed to make a new shaft from the pattern of the old one. No, because the property owner owed no duty to the hiker. Evidence was offered showing Rob threw the stick not intending to hit Jim, but merely to frighten him. Medic also sent a letter to Employer assuring Employer that Driver was "in all respects fit for employment as a delivery van operator." Dina got on her bicycle and rode it as rapidly as she could directly at Paul. The Defendant Buick Motor Company is a manufacturer of automobiles, selling cars through a retail dealer. Digital Commons at St. Mary's University | St. Mary's University Research An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other if (a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the other or third person, and (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and (c) the contact is not otherwise privileged. Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Actual Causation: But for Medic's information in the physical examination of Driver, Employer would not have hired Driver and Driver would never have caused the injuries to Pedestrian. This rule is only a particular application of the general rule of damages that a plaintiff cannot hold a defendant liable for damages which need not have been incurred; or, as it is often stated, the plaintiff must, so far as he can without loss to himself, mitigate the damages caused by the defendant's wrongful act. The oil drifted under a wharf thickly coating the water and the shore where other ships were being repaired. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? LAW 402A final Flashcards | Quizlet LAW 402A final Term 1 / 51 Hawkins v McGee-Take-away and Rule Click the card to flip Definition 1 / 51 -Expectation Damages: Helps avoid litigation and encourage parties to go through with deal because there are legal consequences if they don't - If, however, by her words and actions, she intended to cause an apprehension of present injury, Dina's actions in her first approach are sufficient to constitute assault. As there were other vehicles immediately behind and in front of the garbage truck. There is no consideration for the contract modification. The woman filed a civil suit against the boy for assault. Is Paul entitled to recover against Dina for assault? The defendant doctor said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand. Res ipsa loquitur: may be used to prove breach of duty if it can be shown that the breach of duty is not the type that normally would have occurred if the driver was not negligent, the instrumentality was under the exclusive control of Driver, and that the Pedestrian did not cause his own injuries. The injured party is under a legal obligation to take reasonable steps to avoid waste and minimize the breach cost to the defendant, excludes liability for harms that were sufficiently unforeseeable at the time of the defendant's tortious conduct that they were not among the risks that made the defendant negligent. Answer . Plaintiff alleged that she came out into the backyard to talk with her sister and that, when she was about to sit down in a wood and canvas lawn chair, five year-old Dailey (Defendant) deliberately pulled the chair out from under her. A manager and employee were having an animated argument. While the cargo was being unloaded, a storm started to build. Economic: Threats of contract breach or demands for modifications (pre-existing duty rule Both are suing the Defendant University of Arizona Intramural Sports Program for negligence. Philadelphia, PA. Mar 30 Thu Advisers MCG. Your boss, a car dealer wants to publish the following ad on the company's website:Year/Make/Model: 2007 Hando Concurrent Sedan EX V6Vin#: 1294671254404List price:$27,9952007 asking price: $25,525He asks you, his legal expert, if this ad is an offer or an invitation to make an offer. a. In Exercises 111 through 141414, determine whether the given function is a probability density function. Using this, Suppose that 1 dollar is worth 10 pesos. Uncle William offers, and Willie accepts, $5,000 to abstain from armed robbery and homicide until age 21. How would you expect a court to analyze this promise? Medic, the doctor who examined the driver, discovered that drive had a sleep disorder that caused driver to spontaneously fall asleep and that driver had on several occasions fallen asleep while driving. Duty to invitees: Landowners have a duty to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover. Should the hiker prevail in a jurisdiction which follows the traditional common law approach to duty of care applied to landowners? Demand is unit elastic when the percentage change in quantity demanded is equal to the percentage change in price, so the price elasticity is equal to 1 in absolute value. (a) Write the hypotheses for a right-tailed test, using GreenBeams's claim as the null hypothesis about the mean. He's into everything and you have to keep him in line so he doesn't get hurt. ICD-10 code S93.402A for Sprain of unspecified ligament of left ankle, initial encounter is a medical classification as listed by WHO under the range - Injury, poisoning and certain other consequences of external causes . The friend fell on a rusty nail and later died of a blood infection resulting from being cut. - Even if her intent was not to hit Paul, Dina may nonetheless have intended a harmful or offensive touching. 2. Invitation: no performance is promised in return for something requested What are the most important facts that led the court to decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? Expert Answer The law says, " (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his propert View the full answer The following exceptions to the rule have been recognized by Restatement of the Law, Corporate Governance. How did some groups use democratic principles to resolve issues relating to their civil rights? How do you think the court would have ruled in Lucy if Lucy, the buyer of Ferguson Farms, had known that Zehmer, the seller, was just kidding? Plaintiff is suing the railroad for the employee's negligence when helping the two men get on the train. Guessing the top three winners (in order) from a group of eight finalists in a soccer tournament. b. (125.401.125.410a) Section 125.402a - Enforcing Agency; Definition. - Causation. $0.00 Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. Plaintiffs allege that Poddar had told Dr. Moore of his intention of wanting to kill Tatiana. Leamos/Hablemos You're taking your little brother with you to the gym. Dina's actions clearly caused Paul to hit the ground. In each blank, insert the most appropriate word. It will certainly ease you to look guide Eureka 402a Bagless Manual as you such as. Can Pedestrian prevail under the doctrine of res ipsa loquitur concerning Driver's alleged negligence? The preemption defense rests on a federal supremacy premise-the notion that federal law overrides state law when the two conflict or when state law stands in the way of the objectives underlying federal law. Click the card to flip Definition 1 / 13 Raffles delivered the cotton to a ship named Peerless, which departed from Bombay in December. Knowledge 6. -Intent: Dina may not have intended to hit Paul with her bike. According to the court in Hoffman v. Red Owl Stores, Inc., which of the following elements is not required in order for the doctrine of promissory estoppel to apply? The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. View all upcoming meetings and events. o Physical contact is unnecessary, "An act which, directly or indirectly, is the legal cause of a harmful contact with another's person makes the actor liable to the other, if laissez-faire. the fact that Dina swerved away is not relevant to the assault which was already complete at that point. What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co. A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. Washington, DC. Breach: Medic breached the duty when it did not inform Employer about Driver's medical condition that would be crucial to Employer's decision to hire Driver. Pedestrian cannot establish breach of duty under Res ipsa loquitur. Take turns choosing a French word or expression you learned in this lesson for the other team to guess. (b) the contact is not consented to by the other or the other's consent thereto is procured by fraud or duress, and Dina, aged sixteen, approached a neighbor, Paul, as he walked along the sidewalk fronting Dina's home. The man worked himself into a frenzy and approached his friend. Products Liability. -the defendant owed a duty of care to the plaintiff Purposes of Remedies: Expectation Interest, His interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performed, His interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, Purposes of Remedies: Restitution Interest. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Defendant argued there was a lack of privity. Promissory estoppel could be invoked when necessary to avoid injustice. An employee of the demolition company warned him to stay away from the blast zone but the retired technician told the employee that he know what he was doing and had on a hard hat. If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant's conduct, even if the defendant was negligent or reckless Medic agreed and omitted this information from the physical examination form he sent to Employer. (c) any cost or other loss that he has avoided by not having to perform. ""I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." First, circle the simple subject of each sentence. . Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. True False . GreenBeam Ltd. claims that its compact fluorescent bulbs average no more than 3.50mg3.50 \mathrm{mg}3.50mg of mercury. Impact on Mental Health Professionals Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. Problem of the Day: There was an injury. (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if. Sailors agreed to work in Alaska for a set sum. The nurse attempted to pull the wheelchair back through the doors. Award the non-breaching party enough money to put that party in the same position he or she would have been if the contract had been performed. Three steps: Plaintiff, contracted with, Defendant, to renovate his home. And to determine liability courts use factors such as foreseeability of the visitor's presence, risk of injury, benefits of the condition, and the burdens to safeguard the condition. The witness signed a(n) ______ and agreed to testify in person. Have the doctor and the young boy and his father acted in such a way as to create legally recognizable expectations in one another? The Plaintiff was thrown from the vehicle and sustained injuries. Performance or promise to perform a pre-existing duty does not constitute consideration. And if so, what is the proper calculation on damages in this matter? An intervening cause that is unforeseeable breaks the chain of causation and relieves Medic of further liability. &{\text { Food }} & {\text { Transportation Services }} \\ Defendant had known for two weeks that the handle was cracked, and had complained to the manager. The plaintiff was present when these words were alleged to have been spoken, and, if they are to be taken at their face value, it seems obvious that proof of their utterance would establish the giving of a warranty in accordance with his contention." A man was upset because he heard that his friend had been spreading rumors behind his back. True False . 1. Yes, because although the broken arm may have been unforeseeable, some harm from being pushed to the ground was a foreseeable type of injury. Defendants with a particular expertise or competence are measured against a reasonable professional standard; Uncle William offers, and Willie accepts, $5,000 to abstain from these vices until age 21. \end{array}\\ Two men were getting on a train with a package with assistance from a railroad employee. Click the card to flip Definition 1 / 49 Bales of cotton from Bombay, on a ship with the same name as another ship. The meaning of the agreement was ambiguous so it was not possible to work out what the apparent intent of the defendant was, so the objective principle did not apply and the court had to look at the actual intent. 402A (b) (2) (A) establishes separate accounts ("designated Roth accounts") for the designated Roth contributions of each employee and any earnings properly allocable to the contributions, and I.R.C. Therapists are more likely to take more careful and deliberate steps to determine patient dangerousness. V. Act of third party. The patient has produced no evidence of specific conduct or neglect on the part of the hospital that would have caused the automatic doors to malfunction. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. According to Judge Easterbrook in ProCd v Zeidenberg, which of the following business practices would not constitute price discrimination? Plaintiff Dotty can assert res ipsa loquitur, claiming the instrumentality of the illness was within the Defendant's exclusive control and the illness was caused by the negligence of someone who worked for the Defendant. This argument would not succeed since Medic knew that Employer's Driver was required to make deliveries as part of the jobs. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. The hiker came across some rugged terrain and grabber onto a rock to help pull herself up a hill. Click the HFRI Indexes tab, and then look for the link to All Hedge Indexes. The catcher threw the ball to the second baseman as the runner slid into second. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. BATTERY: battery is the intentional causation of harmful or offensive contact to the plaintiff's person. Offer: considered an offer under certain circumstances, particularly when the actions needed to accept the offer are clear. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. Driver pleaded with Medic not to inform Employer of the sleep disorder. Plaintiff arrived at Defendant's store wishing to buy the garments. Uncle (D) agreed with his nephew (P) that if nephew would refrain from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21, uncle would pay him $5,000. This action caused the doors to close more tightly on the patient's foot, injuring it further. Plaintiffs took the shaft to Defendants the next day before noon. Before allowing driver to operate the van, employer checked driver's prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. a. Trial by jury. Which of the following is an express or implied promise about the nature of the product sold? IV. -actual physical contact is unnecessary. Before allowing driver to operate the van, employer checked driver's prior job references, required driver to undergo a physical examination by a medical doctor, and provided driver with extensive training in motor vehicle safety. 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Rode it as rapidly as she could directly at Paul to Dina caused... $ 5,000 to abstain from drinking, smoking, and notifies Anne to that effect a third party Luis..., oil is selling at $ 44 a barrel and Buyer refuses to through... The fall, plaintiff complained of neck and back pain to each account albert is liable the! Must escape their civil rights the roof density function persons, as by. Was practically suspended men were getting on a rusty nail and later died of a famous building... Untied, it would have drifted to sea Medic knew that Employer 's was! The vehicle and sustained injuries any cost or other loss that he has avoided not... The injuries sustained in the accident against Driver, Employer, and notifies Anne to that.. Of automobiles, selling cars through a retail dealer in line so he not... His legal rights at the job they demanded higher wages for the negligence of intention! A rock to help pull herself up a hill abstain from drinking, smoking and... Employee earn per Day executor is a multitude of reasons for a present of his committed. Exercise a reasonable amount of care applied to landowners as the null hypothesis about the of.
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