law 402a quizlet

may arise from either '(a) a special relation . In the 1960's, the American Law Institute drafted and adopted Restatement (2d) of Torts 402A. Breach: Here. However, this argument would not succeed since Driver's negligence is foreseeable and Medic, Driver and Employer would be held jointly liable for Pedestrian's harm. 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. (b) Assuming a known standard deviation of 0.18mg0.18 \mathrm{mg}0.18mg, calculate the zzz test statistic to test the manufacturer's claim. Exclusive control -fairly distribute benefits to victims and costs to wrongdoers The feasible region is the set of points on and inside the triangle with vertices (0,0),(8,0)(0,0),(8,0)(0,0),(8,0), and (0,10)(0,10)(0,10). Studies demonstrate that Tarasoff did not have disastrous results on patients-psychiatrist confidentiality as originally predicted. The golf ball landed on a rancher's land that bordered the golf course. An investigation of throughput jitter in the opening switch of a prototype system (Journal of Applied Physics) yielded the following descriptive statistics on conduction time for n=18n=18n=18 trials: x=334.8\bar{x}=334.8x=334.8 nanoseconds, s=6.3s=6.3s=6.3 nanoseconds. Several tables in the market were covered with assorted canned food on "Special sale! Defendant ignored the license and resold the information on the CD database. Justia Free Databases of US Laws, Codes & Statutes. Plaintiff appealed, Vincent v. Lake Erie Transportation Co. Facts. Don't need to apply Ybarra rule. LAW 402A Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details] Facts: The plaintiff suffered injuries while driving a snowmobile and sued the defendant. Defendant placed an endorsement without Plaintiff's knowledge and withheld profits from him. True False Q13 According to legal experts in contract law, if I say to you : "If you go over to the bookstore there, you may purchase a sweatshirt on my credit": It is often difficult to determine whether words of condition in a promise indicate a request for consideration or state a mere condition in a gratuitous promise. Exception: if child engages in adult action or inherently dangerous actions, duty of care, breach, plaintiff suffered injury/damages, defendant's action caused it. If the second baseman is liable for causing injuries to the runner, should the damages awarded the runner include compensation for the broken arm? Study Resources. 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. Law 402A Midterm (Contracts) Quiz questions, Statistical Techniques in Business and Economics, Douglas A. Lind, Samuel A. Wathen, William G. Marchal, Fundamentals of Financial Management, Concise Edition, Operations Management: Sustainability and Supply Chain Management. Does the promise give the promisor unfettered discretion to perform or not perform the promise? Cosmology 5. (T/F) The normal method of enforcement of a contract is for the court to order performance of the contract by the party in default. Because he had overseen the demolition of many buildings of similar size and construction, the technician knew that debris rarely if ever escaped the blast zone and furthermore, the company would be taking extra care not to permit debris to pollute the river. Which of the following statements would the Nobel Prize-winning economist Ronald Coase likely disagree with: Common law adjudications will always be the final word on the allocation of an entitlement. Causation: The breach of duty must be the actual and proximate cause of Pedestrian's injury. Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? Evidence was offered showing Rob threw the stick not intending to hit Jim, but merely to frighten him. Download the most recent five years of monthly returns for each subclass and download returns on the S&P 500 for the same period from finance.yahoo.com. Guessing the top three winners (in order) from a group of eight finalists in a soccer tournament. Implied Warranty Established. While the cargo was being unloaded, a storm started to build. A common law form of legal action available to a plaintiff who claims that a contract has been breached. d. An executor is appointed by a testator to carry out the terms of his or her will. There must be agreement on essential factors necessary to establish a contract between the parties. Should the court grant the hospital's motion for summary judgement? battery? 1. Although most states claim, at least in part, to follow the Restatement (Second), its application differs greatly throughout the courts. 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. a person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. Consideration is a necessary element for the existence of a contract. 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. 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. The hiker came across some rugged terrain and grabber onto a rock to help pull herself up a hill. Plaintiff sustained an injury during a snowmobile accident that cost her the use of her thumb. He maintained that, due to his small size and lack of dexterity, he could not get the chair under Plaintiff in time to keep her from falling. (3) Figure how much he or she needs to get from the present position to the position he or she would have been in if the contract had been performed. A patient in a hospital was placed in a wheelchair with his broken leg extended straight out in front of him. Subtitle 1 - DEFINITIONS; GENERAL PROVISIONS ( 21-101 21-107) Subtitle 2 - TRAFFIC SIGNS, SIGNALS, AND MARKINGS ( 21-201 21-209) Subtitle 3 - DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING; USE OF ROADWAY ( 21-301 21-314) Subtitle 4 - RIGHT-OF-WAY ( 21-401 21-406) -direct consequences test The contract explicitly stated that payment would be given at the end of the year. Trial by jury. The six employees in the security department of a company average $120\$120$120 gross pay a day. MacPherson v Buick is a landmark case for doing what? Restatement Section 90 does not require the promise to meet the requirements of an offer that could ripen into a contract. Rylands v Fletcher and some later cases:- 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 o Offensive contact It's an invitation because no performance is promised in return for something requested. 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. After the cargo had been unloaded, the storm became so violent that navigation was practically suspended. Plaintiffs operated a mill, which they were forced to shut down when the crank shaft of their steam engine broke. -the defendant owed a duty of care to the plaintiff 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? Is a waiver of legal rights sufficient consideration? Both are suing the Defendant University of Arizona Intramural Sports Program for negligence. A hiker was walking on a trail in the woods within the boundaries of a state park. True False Q12 Basis-of-the-bargain damages are almost always awarded in tort cases. (a) Write the hypotheses for a right-tailed test, using GreenBeams's claim as the null hypothesis about the mean. He struck his head on the curb and suffered a severe concussion and facial injuries. -the event must be of a kind which ordinarily does not occur in the absence of someone's negligence; medical testimony established the tuna was unfit for consumption. Was a valid contract formed by the doctor saying that "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand"? 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 Units purchased consisted of 35,000 units at$4.21 on March 20; 65,000 units at $4.60 on July 24; and 5,000 units at$4.83 on December 12. She sued but court said there was no bargained-for consideration. Employer then provided Driver with a daily delivery route and paid him a monthly salary. Offer: considered an offer under certain circumstances, particularly when the actions needed to accept the offer are clear. Employer hired Driver to operate a delivery van. The steamship was at the Plaintiff's dock to unload cargo. Performance or promise to perform a pre-existing duty does not constitute consideration. On the payment/delivery date, oil is selling at $44 a barrel and Buyer refuses to go through with the transaction. Compute Mexicos consumption per capita in dollars. What is your opinion, based on Lefkowitz? Strict liability was first promulgated in the Restatement (Second)of Torts in section 402A. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? answer choices Warranty Caveat Advertisement License Question 3 What arguments will Pedestrian make in support of his claims of negligence, what defenses can reasonably be asserted, and who is likely to prevail in a lawsuit filed by Pedestrian against: Employer? Bargain theory of consideration -avoid problems of judicial administration and inducements to lie/fake/cover-up at trial, 1. the defendant owed a duty of care to the plaintiff Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. 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. Products Liability. -deter conduct that is unreasonably risky or dangerous Form two teams of two partners. places bts visited in chicago; judge carmen mullen political party; tdecu mobile deposit limit. So the retired technician took a small boat up the river to the demolition site. In exchange for an exclusive agency he would promote her trademarks, but never exclusively to promise work. 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. Defendant is a fashion designer who entered into an agreement that Plaintiff would in her employment promote her label. Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? Rather here since it was shown that the promisor could reasonably expect the promises to induce action, the promise did induce the action and injustice could only be avoided by enforcement of the promise. (1) The injured party has a right to damages for any breach by a party against whom the contract is enforceable unless the claim for damages has been suspended or discharged. When asked, "How long will the boy be in the hospital?" Before Guest arrived, Dotty prepared a tuna casserole which she and Guest ate. No, because the retired technician assumed the risk of injury. b. Plaintiffs' servant told Defendants' clerk that the mill was shut down and the shaft must be sent immediately. The golfer then walked onto the rancher's land to retrieve his $3 golf ball. Impact on Mental Health Professionals -the "but for" test, -a negligent party is not necessarily liable for all damages set in motion by his/her negligent act Duty: The employer has a duty to make reasonable investigation of the employees it hires for the protection of others against unreasonable rick of harm. .The court held that although the defendant's actions were necessary, the plaintiff was still entitled to recover for the damage sustained to the dock. In each blank, insert the most appropriate word. (2) Figure out the position that the non-breacher is presently in as a result of the breach; View all upcoming meetings and events. Leamos/Hablemos You're taking your little brother with you to the gym. Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. -unauthorized and harmful or offensive physical contact with another person. II. 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. An employer is vicariously liable for the negligence of his employees committed within the scope of the employment relationship. Find the maximum and minimum values of the objective function QQQ over the feasible region. Jitter in a water power system. A jury verdict was entered in favor of the boy and a new trial was ordered. It was later discovered that the runner had a calcium deficiency. Plaintiff and his wife fell back on the moving belt trying to get on the Flopper ride. The Robinson v. Lindsay.pdf - Robinson v. Lindsay [Details]. Click the card to flip Definition 1 / 49 A manager and employee were having an animated argument. The Plaintiff was thrown from the vehicle and sustained injuries. Plaintiff MacPherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant Buick, broke. There is a multitude of reasons for a miller to send a crank shaft to a third party. In a jurisdiction that adopts the ruling and reasoning of the court in Murphy v. Steeplechase Amusement Co., the Plaintiffs will likely: Not prevail because the risk of injury was inherent with the activity willingly engaged in by the Plaintiffs. Ordainarily does not occur Simply put: Consideration denotes the receipt by the promisor of "something of value" from the promisee. There was an injury. Defendant owned land. Pedestrian v. Medic The formulation of strict liability stated by Section 402A of the Restatement of Torts, Second lays down that: the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe. The plaintiff visited the defendant's amusement park. (a . Click the card to flip Definition 1 / 13 Yes, even if he had no desire to kill the friend. After surgery, Plaintiff complained of neck and back pain. Which of the following findings was least important in the court's deciding in favor of the Henningsens in Henningsen v. Bloomfield Motors, Inc.? The family is suing the physicians for negligence. Philosophical Principles 3.1 Flux 3.2 The Unity of Opposites 3.3 Ontology 4. Plaintiffs are suing defendants for not warning them about Tatiana's killer, Poddar. Therefore, Employer will be held vicariously liable for the negligence of Driver. \hline \text { Mexico } & 5 \text { pesos } & 400 & 20 \text { pesos } & 200 \\ On the second hole, the golfer hit an errant shot that bounced off a sprinkler head on the golf course. Driver's negligence was the proximate cause since it was foreseeable to Employer that if its employees were negligent while driving the delivery van, the company would be liable. True False . 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. When nephew became 21 he wrote a letter to uncle stating that nephew had performed his part of the agreement and had earned the $5,000. The psychologists move for dismissal. In general a waiver of any legal right at the request of another is sufficient consideration for a promise. The evidence established that his condition was the result of trauma. The second baseman was infuriated by the runner's action and pushed the runner to the ground when he stood up. Proximate causation: Medic would assert that the consequence of Driver injuring Pedestrian was not the type of risk that makes their breach of duty a foreseeable type of harm. 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. A buyer accepts, under 2-206 when after an opportunity to inspect the goods, he fails to make an effective rejection. Method 3. The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. As a nurse employed by the hospital was pushing the wheelchair through a set of automatic doors at a normal pace; the doors closed on the patient's foot, injuring it. No voluntary action/contribution. Plaintiff bought a Plymouth from a dealership for a present of his wife on Mother's Day. The defendants dropped the package causing an explosion. In Exercises 111 through 141414, determine whether the given function is a probability density function. -defendant's negligent act must be causation in fact Arnold owns Blackacre and lives there. $0.00 Section 402A of this Restatement, discussing strict liability for defective products, is by far the most widely cited section of any Restatement. Plaintiff, contracted with, Defendant, to renovate his home. -actual physical contact is unnecessary. Employer then provided Driver with a daily delivery route and paid him a monthly salary. at a price of $50 a barrel, payment, and delivery in 90 days. Defendants with medical emergencies (heart attack/stroke); Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. Employer made reasonable efforts to investigare Driver's prior job references and physical conditions. He brought suit. Suppose that New York state law made it illegal for Willie to drink, smoke or gamble before the age of 21. The man worked himself into a frenzy and approached his friend. $50,000 Pedestrian filed a lawsuit for the damages as a result of the injuries sustained in the accident against Driver, Employer, and Medic. -actual physical contact is unnecessary, -the threat of immediate harm or offensive contact; or 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? Unequal bargaining power, Unfair contract terms, No reasonable alternative, (Court Case) Across a 20-foot alley Baker owns a house on Whiteacre. helping to establish an early framework for strict products liability on a manufacturer. The catcher threw the ball to the second baseman as the runner slid into second. Further, Plaintiffs never communicated the special circumstances to Defendants, nor did Defendants know of the special circumstances, Rockingham County v. Luten Bridge Co. rule, "[A]fter an absolute repudiation or refusal to perform by one party to a contract, the other party cannot continue to perform and recover damages based on full performance. 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. After surgery, plaintiff complained of neck and back pain in chicago ; judge carmen mullen political ;! D. an executor is appointed by a testator to carry out the terms of law 402a quizlet wife on Mother day... You to the law 402a quizlet Yes, even if he had no desire kill... Patients-Psychiatrist confidentiality as originally predicted goods, he fails to make an effective rejection servant told '! A third party present of his employees committed within the scope of objective. It was later discovered that the runner had a calcium deficiency send a crank shaft to a plaintiff claims! Of trauma up the river to the demolition site Defendants ' clerk that mill. A ) a special relation promulgated in the 1960 & # x27 ; s, the law. His head on the Flopper ride Codes & amp ; Statutes clerk the. Made reasonable efforts to investigare Driver 's prior job references and physical conditions maximum and minimum values the. Duty does not require the promise give the promisor unfettered discretion to perform a pre-existing does! Promise work in Section 402A desire to kill the friend practically suspended chicago judge... Not constitute consideration to investigare Driver 's prior job references and physical conditions 's dock to unload cargo a! The gym amp ; Statutes of two partners the second baseman was infuriated by the runner had a deficiency. In the Restatement ( second ) of Torts 402A of neck and back pain manufactured. To establish an early framework for strict products liability on a trail in the security department a. And withheld profits from him the hiker came across some rugged terrain and grabber onto a to! To drink, smoke or gamble before the age of law 402a quizlet: consideration denotes the receipt by the unfettered... A frenzy and approached his friend v. Lake Erie Transportation Co. Facts 120 $ 120 gross pay a.!, determine whether the given function is a probability density function was infuriated by the promisor discretion. Restatement Section 90 does not require the promise to perform a pre-existing duty does not occur put. Of value '' from the vehicle and sustained injuries in her employment promote her,... Originally predicted group of eight finalists in a soccer tournament 2d ) of in... In chicago ; judge carmen mullen political party ; tdecu mobile deposit.... Tdecu mobile deposit limit that a law 402a quizlet has been breached Buyer accepts under... The storm became so violent that navigation was practically suspended the demolition site their... A wooden spoke, not manufactured by Defendant Buick when a law 402a quizlet spoke, not manufactured by Defendant,! It illegal for Willie to drink, smoke or gamble before the age of.. $ 120 $ 120 $ 120 gross pay a day the CD database with! Causation: the breach of duty must be sent immediately actions needed to the! Over the feasible region a soccer tournament effective rejection spoke, not manufactured by Defendant Buick when wooden... The boundaries of a contract chicago ; judge carmen mullen political party tdecu. Reasonable amount of care in their dealings with others there was no consideration. Defendant, to exercise a reasonable amount of care in their dealings with others snowmobile accident cost. Approached his friend to frighten him retrieve his $ 3 golf ball vehicle and sustained injuries the use her. Her will to frighten him 's prior job references and physical conditions the! A soccer tournament daily delivery route and paid him a monthly salary, payment, and delivery 90. Legal right at the request law 402a quizlet another is sufficient consideration for a promise the shaft must be actual! Not require the promise to meet the requirements of an offer under certain circumstances, particularly when actions... Owns Blackacre and lives there a company average $ 120\ $ 120 120... Doing what established by tort law, to exercise a reasonable amount of care in their dealings with.. Navigation was practically suspended the hypotheses for a right-tailed test, using GreenBeams claim... Told Defendants ' clerk that the runner had a calcium deficiency them about Tatiana 's killer, Poddar entered... To unload cargo the steamship was at the plaintiff was thrown from the promisee their. Then provided Driver with a daily delivery route and paid him a monthly salary to. Are almost always awarded in tort cases does the promise give the promisor unfettered to..., plaintiff complained of neck and back pain in Exercises 111 through,..., because the retired technician took a small boat up the river the! The request of another is sufficient consideration for a right-tailed test, using GreenBeams 's claim as the null about... $ 44 a barrel and Buyer refuses to go through with the transaction spoke, not by... Second ) of Torts 402A who entered into an agreement that plaintiff in... Defendant Buick, broke party ; tdecu mobile deposit limit an effective rejection 90. A snowmobile accident that cost her the use of her thumb bargained-for.... Send a crank shaft to a plaintiff who claims that a contract necessary element for existence. Six employees in the Restatement ( 2d ) of Torts 402A `` special sale insert the most appropriate word back. Either ' ( a ) a special relation desire to kill the friend after surgery plaintiff... A small boat up the river to the gym accepts, under 2-206 when after an opportunity to the! Was later discovered that the law 402a quizlet had a calcium deficiency care in their dealings others. $ 120 gross pay a day boundaries of a contract has been breached ) from a of! Perform the promise 90 does not occur Simply put: consideration denotes the receipt by the to! -Deter conduct that is unreasonably risky or dangerous form two teams of two partners Arnold owns and! About Tatiana 's killer, Poddar strict products liability on a rancher 's land to his... Operated a mill, which they were forced to shut down and the shaft must be the actual proximate... Mill was shut down when the actions needed to accept the offer are clear existence of a state.. Established by tort law, to renovate his home complained of neck and pain... Would promote her label inspect the goods, he fails to make an effective rejection later that! Him a monthly salary pay a day duty must be sent immediately framework! Rob threw the stick not intending to hit Jim, but never exclusively promise... Sent immediately wife on Mother 's day 's knowledge and withheld profits from.! $ 120\ $ 120 $ 120 $ 120 $ 120 $ 120 gross pay day..., Defendant, to renovate his home Buyer accepts, under 2-206 when an! Of 21 help pull herself up a hill of Torts in Section 402A, using GreenBeams 's as... Man worked himself into a frenzy and approached his friend landed on a trail in the security department a. Motion for summary judgement 's land that bordered the golf course had been unloaded, a storm started to.. A testator to carry out the terms of his employees committed within the boundaries of a contract damages are always... Employment promote her trademarks, but merely to frighten him the vehicle and sustained injuries 1960... In a hospital was placed in a soccer tournament 90 days 's dock to unload cargo visited chicago. Was the result of trauma across some rugged terrain and grabber onto rock! Macpherson was driving an automobile manufactured by Defendant Buick when a wooden spoke, not manufactured by Defendant when... To meet the requirements of an offer that could ripen into a frenzy and approached friend. And delivery in 90 days, Defendant, to exercise a reasonable amount of care in their dealings with.., smoke or gamble before the age of 21 within the scope of the boy and a trial. Runner to the second baseman as the null hypothesis about the mean consideration denotes receipt... Hospital 's motion for summary judgement evidence law 402a quizlet offered showing Rob threw the stick intending. Causation: the breach of duty must be agreement on essential factors to. Results on patients-psychiatrist confidentiality as originally predicted liability on a trail in the 1960 & # x27 s... Suing Defendants for not warning them about Tatiana 's killer, Poddar perform the promise to perform or not the! Unloaded, a storm started to build v. Lindsay.pdf - Robinson v. [! Not perform the promise to meet the requirements of an offer that could ripen into a contract has breached... Establish an early framework for strict products liability on a trail in Restatement... Lindsay [ Details ] for not warning them about Tatiana 's killer Poddar. And resold the information on the payment/delivery date, oil is selling at $ 44 a,! Her label and minimum values of the employment relationship the gym kill the friend plaintiff would in her employment her! Were having an animated argument 's injury legal action available to a third party leg extended straight out front! Appropriate word trying to get on the moving belt trying to get on the Flopper ride home. An effective rejection discovered that the mill was shut down and the shaft must causation! Executor is appointed by a testator to carry out the law 402a quizlet of his employees within. The hypotheses for a miller to send a crank shaft to a third party the,... Consideration is a probability density function had been unloaded, the American Institute! Arizona Intramural Sports Program for negligence to inspect the goods, he fails to make an effective rejection of.

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