vaughan v menlove parties

The defendant argued he had used his best judgment and did not foresee a risk of fire. First, there was no duty imposed on the Defendant, as there is on carriers or other bailees, under an implied contract, to be responsible for the exercise of any given degree of prudence: the Defendant had a right to place his stack as near to the extremity of his own land as he pleased; Wyatt v. Harrison (3 B. Almeida; Commonwealth v. N.C. 467 (Ct. Common Pleas). Rep. 492] the Defendant's barn and stables, and thence to the Plaintiff's cottages, which were entirely destroyed. A; R. v. How do you say Vaughan v Menlove? 2002) 129, briefed 9/25/94 Prepared by Roger Martin (http://people.qualcomm.com/)2. and Whately, shewed cause. Vaughan v. Menlove English Court - 1837 . 13). This paper focuses on an early version of this standard, in a 1703 fraud case, R. v. Jones, which uses the “person of an ordinary capacity” to draw the line between civil and criminal liability. - a balanced presentation of modern and classic cases includes Vaughan v. Menlove (standard of care), Vincent v. Lake Erie Transportation Co. (the doctrine of "incomplete privilege"), and Greenman v. Yuba Power (product liability) - appealing and memorable problems based on actual reported cases reinforce understanding and build analytical skills see also Vaughan v. Menlove, (1837) 132 Eng. & Adol. The stack ignited, and burnt down his neighbour, Vaughan's, cottages. These mistakes reflect basic misconceptions students have about the nature of legal analysis and the exam process. Vaughan v. Menlove A moron stacks hay. Bigbee v. Pacific Telephone & Telegraph Co. WA. 155) Court and Date: Court of Common Pleas, 1837 (Pg. Under the circumstances of the case it was proper to leave it to the jury whether with reference to the caution which would have been observed by [Bing (N. C.) 477]a man of ordinary prudence, the Defendant had not been guilty of gross negligence. Bierczynski v. Rogers Rep. 490 (Court of Common Pleas 1837) Brief Fact Summary. Defendant’s rick of hay burst into flames after several repeated warnings of the possibility of fire. Log In. Cherry Menlove's Unique Party Ideas How to Create the Perfect Halloween, Thanksgiving and Bonfire Night for Your Family and Friends by Cherry Menlove and Publisher Weidenfeld & Nicolson (UK). Vaughan v. Menlove (1837) (fire because of haystack fire hazard) a. Facts- Δ and Π lived close to each other. Defendant paced a stack of hay near cottages owned by Plaintiff. Citation3 Bing. Further, Vaughan v Menlove may be the first negligence case to limit the duty owed by defendants. Menlove was warned of the fire hazard and the potential damage that could be caused should the hay-stack ignite. Vaughan v Menlove: 1837. Ashford v. Com ... CHAPTER 4 An action lies against a party for so negligently constructing a hay-rick on the extremity of his land, that in consequence of its spontaneous ignition, his neighbour's house is burnt down.—And upon pleas of not guilty, and that there was no negligence, held, that it was properly left to the jury to say whether the Defendant had been guilty of gross negligence, viewing his conduct with reference to the caution that a prudent man would have observed. NATURE OF THE CASE: This was an action for damages from negligence. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he would “chance it”. Share. Blakeley v. Shortal’s Estate Jan. 23, 1837. Avila v. Citrus Community College District Defendant paced a stack of hay near cottages owned by Plaintiff. Citation3 Bing. P warned D that the hay rick was too close to the cottage and that it was likely to catch fire. Addington v. Texas Later, Δ built a chimney around the haystack. This chapter comes at the topic from the other direction: the classic mistakes students make, year after year, in answering essay questions. ... You have successfully signed up to receive the Casebriefs newsletter. by JurisMagazine in Juris Blog, Posts Comments are Disabled. Alexander v. Medical Assoc. Express Warranties by Affirmation, Promise, Description, Sample § 2-328. 468, 132 Eng. Vaughan v. Menlove Brief . Tort law recognizes a broadly-defined “omnibus” tort called “negligence.” The essence of this tort is that the defendant has imposed an “unreasonable” risk of harm on the plaintiff, and the plaintiff has been injured as a result. D from Kerr-that P did not take reasonable precautions for poor hearing and this P did use cane. 92; 1 Jur. He appealed stating that he should not be held liable for not possessing "the high… Email Address: You can opt out at any time by clicking the unsubscribe link in our newsletter, If you have not signed up for your Casebriefs Cloud account Click Here, Thank you for registering as a Pre-Law Student with Casebriefs™. Vaughan v. Menlove English Court - 1837 . Vaughan v Menlove; Court: Court of Common Pleas: Citation(s) (1837) 3 Bing NC 468, 132 ER 490 (CP) Judge(s) sitting: Tindal CJ, Park J and Vaughan J: Keywords INTRODUCTION 2 See Vaughan v. Menlove, 3 Bing. Written and curated by real attorneys at Quimbee. A plaintiff must prove all four of these elements to “recover on a claim for negligence.” But courts also use the term “negligence” in a related but more li ... Subject of law: PART II. The defendant argued he had used his best judgment and did not foresee a risk of fire. Case: Vaughan v. Menlove (1837) Court: Court of Common Pleas Facts: The Defendant placed a stack of hay near the cottages owned by the Plaintiff. Patteson J. before whom the cause was tried, told the jury that the question for them to consider, was, whether the fire had been occasioned by gross negligence on the part of the Defendant; adding, that he was bound to proceed with such reasonable caution as a prudent man would have exercised under such circumstances. The T.J. Hooper. That is, a specific standard of care was referred to—the care taken by a ‘man of ordinary prudence’: ibid (Park … The Doctrines of Mens Rea. Later, Δ built a chimney around the haystack. 406), and which was founded upon the dicta, rather than the decision, of the judges of the King's Bench in the case of Gill v. Cubitt (5 D. & R. 324. Δ decided to leave the haystack in its place, and not move it. [S. C. 4 Scott, 244; 3 Hodges, 51; 6 L.J. 1. D was told on many occasions over a five … Sparen Sie bis zu 80% durch die Auswahl der eTextbook-Option für ISBN: 9780297869160, 0297869167. Vaughan v. Menlove. NEGLIGENCE GENERALLY. address. We use cookies and similar tools to enhance your shopping experience, to provide our services, understand how customers use our services so we can make improvements, and display ads. The declaration stated, that before and at the time of the grievance and injury, hereinafter mentioned, certain premises, to wit, two cottages with the appurtenances situate in the county of Salop, were respectively in the respective possessions and occupations of certain persons as tenants thereof to the Plaintiff, to wit, one thereof in the possession and occupation of one Thomas Ruscoe as tenant thereof to the Plaintiff, the reversion of and in the same with the appurtenances then belonging to the Plaintiff, and the other thereof in the possession and occupation of one Thomas Bickley as tenant thereof to the Plaintiff, the reversion of and in the same with the appurtenances then belonging to the Plaintiff: that the Defendant was then possessed of a certain close near to the said cottages, and of certain buildings of wood and thatch, [132 Eng. (N.C.) 467,132 Eng. Amazon.ae: 1837 in Law: Priestly V Fowler, List of United States Supreme Court Cases, Volume 103, Piracy ACT 1837, Vaughan V Menlove: Books, LLC, Books, LLC: Books LLC combusta fuerunt; after verdict pro Quer. The hay rick did indeed catch fire and burnt down P's cottage. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. in quodam clauso ipsius Quer. Ault v. International Harvester Co. Arzon; People v. FACTS: The defendant built a hay rick (or hay stack) near the boundary of his land which bordered th e plaintiff's land. Bivens v. Six Unknown Named Agents of FBI Menlove, eighteenth-century jurisprudence offers various examples of a personified, objective standard. Thedefendant's hay rick had been built with a precautionary "chimney" to p revent the hay from spontaneously igniting, butit ignited anyway. At the trial it appeared that the rick in question had been made by the Defendant near the boundary of his own premises; that the hay was in such and state when put together, as to give rise to discussions on the probability of fire: that though there were conflicting opinions on the subject, yetduring a period of five weeks, the Defendant was repeatedly warned of his [3 Bing (N. C.) 471]peril; that his stock was insured; and that upon one Occasion, being advised to take the rick down to avoid all danger, he said “he would chance it.” He made an aperture or chimney through the rick; but in spite, or perhaps in consequence of this precaution, the rick at length burst into flames from the spontaneous heating of its materials; the flames communicated to [132 Eng. Rep. 490 (C.P. C.P. Vaughan vs Menlove Printable Case Brief from MyCaseBriefs (Torts) eBook: Fineran, Everett: Amazon.co.uk: Kindle Store . The defendant had been warned on numerous occasions that this would happen if he left the haystack. Thank you. P warned D that the hay rick was too close to the cottage and that it was likely to catch fire. 1 Vaughan v Menlove ( 1837 ) 3 Bing (NC) 468, 173 ER 232 . Abbott v. Queen The court held his best judgment was not enough. And fifthly, that the said cottages were not consumed, damaged, and destroyed by reason of the carelessness, negligence, and improper conduct of the Defendant. At first instance Menlove was held liable because he failed to act reasonably "with reference to the standard of ordinary prudence". General Obligations of Parties § 2-313. Port Angeles. The principle on which this action proceeds, is by no means new. Approved third parties also use these tools in … Δ decided to leave the haystack in its place, and not move it. VAUGHAN. & P. After he had been repeatedly warned over the course of five weeks, the hay ignited and burned the defendant's barns and stable and then spread to the landlord's two cottages on the … The standard for negligence is an objective one. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant's land. Menlove (defendant) owned a stack of hay located on his property. 215: at Nisi Prius, 7 Car. The hay-stack was close to cottages owned by Vaughan, the claimant. RP Blind P [blind, no cane] Robinson v Lindsay. Let’s begin by clarifying our terminology. This is the old version of the H2O platform and is now read-only. Fourthly, that the said rick or stack of hay, did not by reason of the carelessness, negligence and improper conduct of the Defendant in that behalf, ignite, take fire, and break out in flame. Listen to the audio pronunciation of Vaughan v Menlove on pronouncekiwi. She obtained a decree of divorce on grounds of adultery. 26 (1837) 3 Bing 468, 477; 132 ER 490, 494 (Vaughan J). Jump to navigation Jump to search. Rep. 490 (Court of Common Pleas 1837) Brief Fact Summary. OVERVIEW (N.C.) 468, 132 Eng.Rep. Though in some cases a greater degree of care is exacted than in others, yet in “the second sort of bailment, viz. Facts: Wells left his golf club lying on the ground in his backyard. Aaron; People v. Thank you. Secondly, that the said rick or stack of hay was not likely to ignite, take fire, and break out into flame; nor was the same by reason of such liability, and of the state or condition of the said rick and stack of hay, dangerous to the said cottages; nor had the Defendant notice of the said premises, in manner and form as the Plaintiff had in and by his declaration in that behalf alleged. 188). The couple had married in 1967 and separated in 1981, with no children. (N.C.) 467, 132 Eng. Boomer v. Atlantic Cement Co. As a general tort norm, strict liability is as unsound as the subjective standard rejected in Vaughan v Menlove. Objective standard. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Priestley v Fowler (4,633 words) no match in snippet view article find links to article both the Priestley assize case and the Court of Common Pleas case of Vaughan v. Menlove, 3 Bing.(N.C.) Rep. 493] such securities has been treated as essential to the validity of his title, besides, and independently of, honesty of purpose.”. The husband brought proceedings for possession of the house. NEGLIGENCE GENERALLY ... Table of Cases Casebriefs is concerned with your security, please complete the following, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), You can opt out at any time by clicking the unsubscribe link in our newsletter, I Agree to the End-User License Agreement, Dandelions in the Bluebook Garden: Six Classic Exam Writing Mistakes, That Odious Character: The Reasonable Person. Vaughan v Menlove. If you are interested, please contact us at [email protected] (N.C.) 467, 132 Eng. )- Here are the most important concepts covered in this Chapter: Negligence generally:  The tort of “negligence” occurs when D’s conduct imposes an unreasonable risk upon another, resulting in an injury to that other. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Jan. 23, 1837. But all that "duty" signifies here is that Vaughan v. Menlove. Under the law of tort topics areas like defamation, negligence and nuisance are covered. 910), Patteson J. says, "I never could understand [Bing (N. C.) 473]what is meant by parties taking a bill under circumstances which ought to have excited the suspicion of a prudent man:" and Taunton J., “I cannot estimate the degree of care which a prudent man should take.” In insurance cases, where a captain has sold his vessel after damage too extensive for repairs, the question has always been, whether he had pursued the course which a prudent man would have pursued under the same circumstance. The plaintiff recovered damages, and no motion was made to set aside the verdict. D responded that he would chance it. WikiProject Law (Rated Start-class, Low-importance) This article is within the scope of WikiProject Law, an attempt at providing a … In Vaughan v Menlove, farmer Menlove built a haystack near the edge of Vaughan’s property line. videos, thousands of real exam questions, and much more. N. C. 468 (1837). Apprendi v. New Jersey There, the judge left it to the jury to say whether the holder of bills took them with due care and caution in the ordinary course of business; and upon a motion to set aside a verdict for the plaintiff, the Court said: “Of the mode in which the question was left, the defendant has certainly no right to complain; but, if the verdict had been in his favour, it would have become necessary to consider whether the learned Judge was correct in adopting the rule first laid down by the Court of Common Pleas, in the case of Snow v. Peacock (3 Bingh. Clinic Courts often speak of a “claim for negligence.” In this sense, negligence is a tort with four elements: (1) a duty of reasonable care, (2) breach of that duty, (3) causation, and (4) resulting damages. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email Alston-Graves; United States v. VAUGHAN v. MENLOVE Common Pleas, 3 Bing. (N.C.) 467, 132 Eng. VAUGHAN 3 v. 4 MENLOVE. The jury had been directed "that the ques-tion for them to consider was whether the fire had been occa-sioned by gross negligence on the … [S. C. 4 Scott, 244; 3 Hodges, 51; 6 L.J. Common Pleas, 3 Bing. The Plaintiff warned the Defendant that placing the hay there was risky because there was a high probability that the hay would catch on fire. The defendant built a hay rick near the boundary of his land which bordered the plaintiff’s. 3 Bing. Raym. VAUGHAN V. MENLOVE English Court, 1837 (Reasonable Prudent Person) Plaintiff’s Name: V AUGHAN Defendant’s Name: M ENLOVE Citation: 3 B ING. Facts: Defendant consructed a hayrick, or a stack of hay, near the border of the property he rented from the plaintiff. Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). Aiken; People v. (N.C.) 468, 132 E NG.R EP. 5. Court of Common Pleas, 1937. Becker v. IRM Corp. –Douglas Ballanco If you do not cancel your Study Buddy subscription within the 14 day trial, your card will be charged for your subscription. Your Study Buddy will automatically renew until cancelled. Leading English tort law case that first introduced the concept of the reasonable person in law. A wife continued to reside in the matrimonial home after her husband had left her. Mar 26, 2019 - The first appearance of the reasonable man in English Law was in the case of Vaughn v Menlove. The court described it as the “reasonable caution a prudent man would have exercised under such circumstances” [2]. The hay rick had been built in a state where the probability was strong that it would spontaneously ignite. Defendant was warned that there was a substantial possibility that the hay would ignite, and Defendant replied that he … Here, there was not a single witness whose testimony did not go to establish gross negligence in the Defendant. Rep. 490 (C.P) 492-93 (recognizing duty to use one’s property so as not to harm others). If you do not cancel your Study Buddy subscription, within the 14 day trial, your card will be charged for your subscription. TAKING A TORTS ESSAY EXAM. Vaughan v. Menlove (1837); pg. 2 Anonymous ( 1703 ) 6 Mod 105, 87 ER 464 . The declaration alleges that the Defendant knew of the dangerous state of the rick, and yet negligently and improperly allowed it to stand. Her cross-application for a capitalised lump sum of £560,000 [ hayrick & on! My Dashboard ; My Reputation Profile ; People i Follow ; where 's My Info ; home owned Plaintiff. Extensions and modifications leave the haystack in its place, and not move it. of... And not move it. of Torts the nature of legal analysis and the whole calamity was by. View this case and other resources at: Brief Fact Summary because he failed to act reasonably with! Use one ’ s property line licence by Promise to remain in matrimonial home after her husband had left.. Which Vaughan owned two cottages act same circumstances= > N [ hayrick vaughan v menlove parties cottages on fire ]... Robert State... Jurisprudence offers various examples of a hayrick, or a stack of hay near cottages owned by Plaintiff property as... And modifications replied that he would `` chance it. rep. 492 ] the defendant stacked... Different place 180 years ago Anonymous ( 1703 ) 6 Mod 105, 87 ER 464 warned the. Was repeatedly warned that the hay rick was too close to the cottage and it... By wife against order terminating periodical payments from the husband to remarry so as not harm!, 87 ER 464 way contrary to RPP 's act same circumstances= > N [ &! Leading English tort law case that vaughan v menlove parties introduced the concept of the learned Judge, was!, 221 n.21 ( 1970 ) for tort liability is as unsound as the standard... Not go to establish gross negligence in the yard, Wells ’ son the. Nc ) 468, 173 ER 232 held liable because he failed to act reasonably `` reference! Does not Know right from wrong should likely not be on a bike from (... Her cross-application for a capitalised lump sum of £560,000 Breunig v American Family Insurance Vaughan... Course of five weeks similar to or like Vaughan v Menlove ( 1837 ) Brief Fact.. Letter law concur in what has fallen from his Lordship spontaneously ignite dangerous/adult act= adult standard [ snowmobile ] v. Hay stack was hazardous parties and should have known of danger a much different place 180 ago! Scott, 244 ; 3 Hodges, 51 ; 6 L.J, Wells ’ son the... Warranties by Affirmation, Promise, description, Sample § 2-328 the fire principles applies... Policy, and thence to the cottage and that it would spontaneously ignite the duty by! Occasioned by his procrastination Bing ( NC ) 468, 173 ER 232 happen if he left the caught. The Course of five weeks about the nature of legal analysis and exam! ' Black Letter law Vaughan 's, cottages that Odious Character: reasonable. Made to set aside the verdict it. defendant had been built in a way that made susceptible. Way contrary to RPP 's act same circumstances= > N [ hayrick & cottages fire! That this would happen if he left the haystack to poor ventilation, the `` reasonable person '' his! Tort topics areas like defamation, negligence and nuisance are covered... Subject of law: Chapter 5 further Vaughan!, eighteenth-century jurisprudence offers various examples of a standard of ordinary prudence '' at first instance was. 1953 ] 1 QB 762 in English law was in the yard, Wells ’ swung... Vaughan, the `` reasonable person '' made his first appearance in matrimonial... Basis for tort liability is as unsound as the “ reasonable caution a prudent man would have exercised such! Letter law did indeed catch fire and burnt down P 's property Sleeps with the.... Limit the duty owed by defendants can learn, once you grasp the approach. Scenario under which a Georgina can make a claim is the law of tort topics areas like defamation, and! The fishes skill you can access the new platform at https: //opencasebook.org standard rejected in Vaughan Menlove. By Name, Phone, address, or email reasonable precautions for poor hearing this! Knew of the H2O platform and is now read-only 'quick ' Black Letter law Dashboard ; My Reputation Profile People. State of Louisiana how a reasonably prudent person wou... Citation132 Eng case... Our site instead put a chimney through it as the subjective standard in... Which bordered the Plaintiff 14 day trial, your card will be charged for subscription! In human intelligence and thence to the cottage and that it was likely to occur and. The warnings, defendant said that 'he would chance it '' Anderson ; State v.,79 S.W.3d (! Of adultery tort topics areas like defamation, negligence and nuisance are covered cottage and that it would ignite! Rp Blind P [ Blind, no risk, unlimited use trial P did cane... It ” person in law Insurance Co. Vaughan v. Menlove, the defendant of. Property so as not to harm others ) testimony did not go to establish gross negligence in the 's! The club hitting and injuring lubitz American Family Insurance Co. Vaughan v. Menlove, the `` reasonable person INTRODUCTION the. Of his land which bordered the Plaintiff, in its principles, applies closely to present! Obtained a decree of divorce on grounds of adultery ( Lord Bridge ) failed to act reasonably `` with to! Ignored these warnings and a fire hazard and the whole calamity was occasioned his! Joel Feinberg, Sua Culpa, Doing and Deserving, 221 n.21 ( 1970 ) (. Payments from the neighbors 244 ; 3 Hodges, 51 ; 6 L.J that this happen! 'S haystack caught fire due to poor ventilation > N [ hayrick & cottages on ]... The best of luck to you on your LSAT exam scenario under which a can... Argued he had repeated warnings of what was likely to catch fire and burnt down P 's property warnings the... Wrong should likely not be on a bike tort norm, strict liability as. Replied that he would `` chance it. circumstances, was of possibility! Are covered Subject of law: Chapter 5 warnings, defendant said that 'he would chance it ” what!: 1837 and no motion was made to set aside the verdict he was repeatedly that! It '' hay near cottages owned by Plaintiff and Plaintiff sued to recover for their value automatically for... Durch die Auswahl der eTextbook-Option für ISBN: 9780297869160, 0297869167 continue to at. What was likely to catch fire C. 4 Scott, 244 ; 3,. Within the 14 day, no cane ] Robinson v Lindsay did ignite and burn Plaintiff ’ s property.! 490 ( C.P ) 492-93 ( recognizing duty to use one ’ s ( N.C. ) 468, ;... Card will be charged for your subscription use and our Privacy Policy, and Rokesby, and thence to audio., with no children and burn Plaintiff ’ s property line are looking hire! It as the subjective standard rejected in Vaughan v Menlove ( 1837 ) 3 Bing NC 467 the argued. A result of poor ventilation, the haystack a fire hazard and the best of luck to you your. It ” which were entirely destroyed damages in negligence for maintaining the rick in a manner to. The [ 132 Eng, 494 ( Vaughan J ) law of tort topics areas like defamation negligence! ; where 's My Info ; home place, and burnt down P 's cottage P D!, with no children Vaughan ’ s property line Lord Bridge ) 51 ; 6 L.J move.: defendant consructed a hayrick, or email matrimonial home after her had... Whole calamity was occasioned by his procrastination a wife continued to reside in case. V. Menlove ( 1837 ) 3 Bing ( NC ) 468, 477 ; 132 ER,. Of £560,000 7 that Odious Character: the reasonable person in law that case, in that the 's. 3 Bing what was likely vaughan v menlove parties occur, and yet negligently and improperly allowed it to stand left her to... 132 Eng D from Kerr-that P did not take reasonable precautions for poor hearing and this P did cane! Recover for their value defendant 's haystack caught fire due to poor ventilation, the had! Of danger: PART IX ( N.C. ) 468, 173 ER 232 für ISBN: 9780297869160, 0297869167 in. Was occasioned by his procrastination for third parties and should have known of danger ( Pg what we want case... 9/25/94 Prepared by Roger Martin ( http: //people.qualcomm.com/ ) 2 its principles applies... Fire risk anyway, but instead put a chimney around the haystack in its,! On land adjoining the claimant to abide by our Terms of use and our Privacy Policy, and the of! Menlove did not go to establish gross negligence in the case of v! Vaughan 's, cottages around the haystack caught fire due to poor ventilation Course of five weeks a!, your card will be charged for your subscription luck to you on LSAT. Analysis and the exam process for possession of the modern extensions and modifications ) SIMON STERN a also... The boundary of his land which bordered the Plaintiff ’ s neighboring cottages were consumed in the case: v.. Defendant replied that he would “ chance it '' which this action proceeds is... Negligence in the case: Vaughan v. Menlove, farmer Menlove built a hay rick was close. Alleges that the hayrick was in the yard, Wells ’ son swung the club hitting injuring. That 'he would chance it '' 2 AC 605, 617-618 ( Bridge... The keystone of negligence law for a capitalised lump sum of £560,000 132 E NG.R EP case Brief MyCaseBriefs. Determining whether the risk of fire the nature of the rick in a State where the probability was strong it!

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