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Capacity - Intoxication, Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd [1982] HCA 53; (1982) 149 CLR 600 (High Court) This … See High Court blog entry (29 March 2017), Effem Foods Pty Limited v Lake Cumbeline Pty Limited [1999] HCA 15 (14 April 1999) [Misleading or deceptive conduct - conduct suggesting products manufacturered by another company], Pavey & Matthews v Paul (1987) 162 CLR 221 (High Court) Performance - Breach - Damages, MacRobertson Miller Airline Services v Commissioner of State Taxation (WA) (1975) 133 CLR 125 Preview text. Australian contract law concerns the legal enforcement of promises that were made as part of a bargain freely entered into, forming a legal relationship called a contract. Description Adopting a distinctive two-in-one text and casebook style, Australian Contract Law: Principles and Cases concisely sets out general principles of contract law explained and illustrated through key cases. Related Studylists . Agreement with no identifiable offer or acceptance, Coal Cliffs Collieries Pty Ltd v Sijehama Pty Ltd (1991) NSWLR 1 In today's international marketplace, entering contracts with Australian counterparties, or contracts said to be governed by the law of Australia (or a particular Australian State or Territory) is not uncommon. Intention to create legal relations, Kakavas v Crown Melbourne Ltd [2013] HCA 25 (5 June 2013) (High Court) Unconsionable conduct [claim in equity but relevant to statutory unconscionable conduct claims], CCP Australian Airships Ltd v Primas Telecommunications Pty Ltd [2004] VSCA 232 Relevance of signature - where given after misrepresentation, Cutter v Powell [1795] EWHC KB J13 (9 June 1795) King's Bench This section contains details of some key aspects of Australia’s consumer law; it is not a comprehensive review of Australia’s consumer laws, which comprises a mix of national and state legislation. The doctrine of privity of contract was formally recognised and entrenched in Tweedle v. Atkinson (1861 ). Clarke . (1988) 165 CLR 197 (High Court), Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451; 208 ALR 213; 78 ALJR 1045, Paciocco v Australia and New Zealand Banking Group ltd [2016] HCA 28 (High Court), Paradine v Jane [1647] EWHC KB J5 (26 March 1647), Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 56 ALJR 715; 42 ALR 1, Pavey & Matthews v Paul (1987) 162 CLR 221 (High Court), Petelin v Cullen (1975) 132 CLR 355 (High Court), Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401, Photo Production Ltd v Securicor Transport Ltd [1980] 1 All ER 556, Pianta v National Finance and Trustees [1964] HCA 61; (1964) 180 CLR 146 (High Court), Pirie v Saunders (1961) 104 CLR 149; [1961] HCA 4, Placer Development Ltd v Commonwealth [1969] HCA 29; (1969) 121 CLR 353 (High Court), Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd [1978] HCA 8; (1977) 139 CLR 23 (High Court), Savage (JJ) & Sons Pty Ltd v Blakney (1970) 119 CLR 435 (High Court), Shaddock (L) & Associates Pty Ltd v City of Parramatta (1981) 150 CLR 225 (High Court), Shepperd v The Council of the Municipality of Ryde (1952) 85 CLR 1 (High Court), Shevill v Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620 (High Court), Svanosio v McNamara [1956] HCA 55; (1956) 96 CLR 186 (High Court), Sydney Corporation v West [1965] HCA 68; (1965) 114 CLR 481 (High Court), Tanwar Enterprises Pty Ltd v Cauchi [2003] HCA 57; 217 CLR 315; 201 ALR 359; 77 ALJR 1853 (High Court), Taylor v Caldwell [1863] EWHC QB J1 (6 May 1863), Taylor v Johnson [1983] HCA 5; (1983) 151 CLR 422 (High Court), The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91, Thomas Brown & Sons Ltd v Fazal Deen [1962] HCA 59; (1962) 108 CLR 391 (High Court), Thorne v Kennedy [2017] HCA 49 (High Court), Thornton v Shoe Lane Parking Ltd [1971] 1 All ER 686, Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165; 79 ALJR 129; 211 ALR 342 (High Court), Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107, United Group Rail Services Ltd v Rail Corporation of NSW Some Case Law. Woodside Energy Ltd v Electricity Generation Corporation Damages - loss of chance, Hyde v Wrench (1840) Beav 334 Illegality, Fitzgerald v Masters (1956) 95 CLR 420 (High Court) Adopting a distinctive two-in-one text and casebook style, Australian Contract Law: Principles and Cases concisely sets out general principles of contract law explained and illustrated through key cases. Consideration - giving up freedom, Ecosse Property Holdingds Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12 Consideration - anything stipulated (peppercorn case), Clarke v Dunraven [1897] AC 59 In Australia this requires that there be an agreement (comprising an offer and acceptance), consideration, intention to create legal relations, compliance wit… A statutory prohibition on misleading or deceptive conduct is contained in s 18 of the Australian Consumer Law. whether breach of obligation to use 'reasonable endeavours' to supply supplemental gas - economic duress Unenforceable contract - Restitution - Unjust Enrichment - Quantum meruit claim, Petelin v Cullen (1975) 132 CLR 355 (High Court) Remedies. Lapse of offer - death of offeror [2014] HCA 7; 251 CLR 640; 88 ALJR 447; 306 ALR 25; 7 ARLR 361; 4 BPR 9568 whether reasonable grounds for believing airship could be supplied, Central London v High Trees [1947] KB 130 Capacity, Hawker Pacific Pty Ltd v Helicopter Charter Pty Ltd (1991) 22 NSWLR 298 Acceptance in response to offer, Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805 Equitable remedies - solicitor client - fiduciary relationship, Manchester Diocesan Council for Education v Commercial & General Investments Ltd [1970] 1 WLR 241 This book contains the most up-to-date and comprehensive selection available of Australian cases on contract law. To read more about what a contract is and how it is formed, see our blog on the Winter v Nemeth case. Term versus representation, Pao On v Lau Yiu Long [1979] 3 WLR 435 Specific performance - mistake, Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013) (High Court) Terms - Effect of signing, Latella v LJ Hooker Ltd (1985) 5 FCR 146 Offer v invitation to deal, Blomley v Ryan (1956) 99 CLR 362 (High Court) Certainty, Wigan v Edwards (1974) 1 ALR 497 Formation. Contract Law in Australia - 2019 Rule of Law Institute of Australia © 2019 What is Civil Law? Misleading and deceptive conduct - representation as to future conduct - whether contractual promise = representation, Garcia v National Australia Bank Limited [1998] HCA 48 (High Court) Overview. For contracts in Australia, whether a statement amounts to an offer or an invitation to treat is determined by the likely effect it will have upon the offeree. Shop online for legal books and eBooks with a focus on Contract Law, filtered by practice and subject area - Thomson Reuters Legal Australia. (Appeal from Cahill v Kiversun Pty Ltd [2017] VSC 641), Money v Westpac Banking Corporation [1988] FCA 84 (1988) ATPR (Digest) 46-038 ISBN/ISSN 9780957794193. 1990+ LexisNexis. Misleading conduct. Unconscionable conduct - uncle/nephew Contract Law Case Studies. Repudiation - reasonable time - notice, Legione v Hateley (1983) 152 CLR 406 (High Court) Unconscionable conduct (equity) - uncle/nephew Agreement - certainty - lockout agreements, Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 (High Court) Exclusion clauses - third parties, Pukallus v Cameron Includes information and annotations for reported and unreported case law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case" as used in the United States. Reading room. Australian Industrial Law Reports. Agreement - acceptance by conduct Agreement - uncertainty, Ashton v Pratt (2014) 88 NSWLR 281; [2015] NSWCA 12  (1973) 133 CLR 288 (High Court), Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, ANZ v Frost Holdings Pty Ltd [1989] VR 695, Ashton v Pratt (2014) 88 NSWLR 281; [2015] NSWCA 12Â, Associated Newspapers Ltd v Bancks (1951) 83 CLR 322; [1951] HCA 24 (High Court), Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 (High Court), Banque Brussels Lambert v Australian National Industries (1989) 21 NSWLR Terzman Rock CONTRACT. Formation - agreement, consideration, intention, Balfour v Balfour [1919] 2 KB 571 Contracts and guarantees - Penalties (liquidated damages clauses), Vic Court of Appeal. Conditional contract - intention to be bound - Masters v Cameron (third category), Thomas Brown & Sons Ltd v Fazal Deen [1962] HCA 59; (1962) 108 CLR 391 (High Court) Statutory illegality, Yerkey v Jones (1939) 63 CLR 649 Past consideration, Rose & Frank & Co v Crompton [1923] 2 KB 261 Collateral promise, Scammell v Ousten [1941] AC 251 However, if an offer is directed to a specific person, only that person can accept the terms of the offer. Agreeement - certainty - mistake, Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd [1968] HCA 64; (1968) 120 CLR 516 (High Court) However, a valid contract can be still be rescinded if based on a mistake by the parties. Agreement - revocation - postal rule, Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 In this case, the father of a bride promised the father of the groom to pay the groom (plaintiff) a sum of money upon the marriage. Edition. Certainty, Hamer v Sidway (1881) 124 NY 538 Intention - husband/wife, Commercial Bank of Australia v Amadio (1983) 151 CLR 447 (High Court) Formalities - oral agreement - authenticated signature fiction, Placer Development Ltd v Commonwealth [1969] HCA 29; (1969) 121 CLR 353 (High Court) Classification of mistakes is far from uniform: compare the Cheshire and Fifoot classifications with those used in Anson's Law of Contract (25th ed., 19791, p. 285 and in Treitel, supra, fn.1, pp. Aust Criminal Reports . Misleading or deceptive conduct (relating to existence, exclusion or effect of consumer guarantee), ASIC v Kobelt [2019] HCA 992 (12 June 2019) Offer - revocation - option, Dunlop Pneumatic Tyre Co Ltd Privity of Contract - Consideration, United Group Rail Services Ltd v Rail Corporation of NSW Misleading or deceptive conduct - liability of persons aiding, abetting etc a party to contravention - whether knowledge of facts necessary, ACCC v Berbatis [2003] HCA 18; 214 CLR 51 (9 April 2003) Australian contract law is based on the English common law, rather than on any codified or statute law. Principles of contract law by Jeannie Paterson, Andrew Robertson, Arlen Duke. However, according to the Section 2 of the Contract Law 1999, the third party that is Richard may apply that the liability of this loss lies entirely with the manager Emma. Certainty - Agreement to negotiate in good faith - severence, Upper Hunter County District Council v Australian Chilling and Freezing Co Ltd (1968) 118 CLR 429 Collateral proomise or warranty, Shevill v Builders Licensing Board [1982] HCA 47; (1982) 149 CLR 620 (High Court) An offer made by one party; An Offer - is a communication (verbal or in writing) amounting to a promise to do something (or not do something) if the person to whom the offer is directed accepts the offer Formalities - use of two documents to comply with formaliteis, Felthouse v Bindley (1862) 142 ER 1037 Australian contract law may be broadly divided into five categories . Originally a Malaysian national, Teoh raised a family in Australia before being convicted of heroin importation and possession. Postal rule - application to instantaneous forms of communication (telex), Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 (High Court) Availability of damages for mental distress, Banque Brussels Lambert v Australian National Industries (1989) 21 NSWLR Equitable remedies - Specific performance, Dunton v Dunton (1892) 18 VLR 114 Frustration - music hall - implied term, Taylor v Johnson [1983] HCA 5; (1983) 151 CLR 422 (High Court) cases and materials on contract law in australia By J. K. Rowling FILE ID 1a48d7 Freemium Media Library Cases And Materials On Contract Law In Australia PAGE #1 : Cases And Materials On Contract Law In Australia By J. K. Rowling - cases and materials on contract law in australia … A contract is based on an exchange of promises. Undue Influence, Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 (High Court) Certainty, Walford v Miles [1992] 2 AC 128 Implied term - custom - business efficacy - insurance, Concrete Constructions v Nelson (1990) 169 CLR 594 (High Court) Consideration - Performance of existing public duties, Godecke v Kirwan (1973) 129 CLR 629 (High Court) Intention to create legal relations - use of presumptions, Errington v Errington [1952] 1 KB 290 Consideration v Condition, Bell v Lever Bros [1932] AC 161 Breach of contract - time of the essence - estoppel, Futuretronics International Pty Ltd v Gadzhis [1992] 2 VR 217 (Supreme Court of Victoria) These are: 1. Home News Contract. Undue Influence, Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1 (High Court) Australian Woollen Mills (HC 1954) (wool rebate scheme) Administration of PNG v Leahy (HC 2961) (Tick eradication scheme) Placer Development (HC 1969) (agreement involving Cth - promise of subsidy at rate to be determined by Cth) Conditional agreements. Harvey v Facey HELD [1893] AC 552. Consideration - giving up a legal right, Wilkinson v Osborne [1915] HCA 92; (1915) 21 CLR 89 (High Court) Exclusion clause, Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8 Construction of contract - 'non-refundable deposit' - total failure of consideration An example of a simple contract which must be in writing is cheques and payment orders. Past consideration - exception to general rule, Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; 218 CLR 451; 208 ALR 213; 78 ALJR 1045 Court discussed issues of construction of contracts and estoppel (by convention and promissory estoppel), Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited [2019] NSWSC 1407New South Wales Supreme Court (18 October 2019) - construction, termination (repudiation) and remedies (including loss of bargain), Home Contract Law Consumer Law Cases Legislation Reading News, Made with Squarespace | Copyright and disclaimer, Bradcorp Wilton Park v Country Garden Wilton West. See all in Contract Law › Subject Area. Australian case citators CaseBase. When entering into a contract it is important to recognise and understand the legal system which governs the contract - both in its formation and in case of any disputes. This site is designed to provide an introduction to … Misleading or deceptive conduct, Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979] 1 WLR 401 High Court of Australia Case Summaries 2009-High Court of Australia Special Leave Dispositions 2008- High Court of Australia Transcripts 1983-Commonwealth Ombudsman's Investigation Reports 1996-Australian House of Representatives Select Committees on Environment and Planning 1971-Australian House of Representatives Standing Committees on Agriculture, Resources, Fisheries and Forestry … Acceptance (form), Marks v GIO Australia Holdings Limited [1998] HCA 69 (11 November 1998) (High Court) They must each receive a benefit and each suffer a detriment. 145) Pty Ltd v The Uniting Church in Australia Property Trust (NSW) [1993] HCA 27; (1993) 182 CLR 26; (1993) 112 ALR 609; (1993) 67 ALJR 537 (High Court), Interfoto Pictures v Stiletto Visual Programs (1989) QB  433, Johnson v Buttress (1936) 56 CLR 113 (High Court), Kakavas v Crown Melbourne Ltd [2013] HCA 25 (5 June 2013) (High Court), Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (2007) 233 CLR 115 (High Court), L'Estrange v F Graucob [1934] 2 KB 294, Court of Appeal (UK), Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd [1989] HCA 23; (1989) 166 CLR 623 (High Court), Legione v Hateley (1983) 152 CLR 406 (High Court), The Life Insurance Co of Australia v Phillips (1925) 36 CLR 60 (High Court), Louth v Diprose (1992) 175 CLR 621 (High Court), Luna Park (NSW) Ltd v Tramways Advertising Pty Lt (1938) 61 CLR 28 (High Court), Maguire v Makaronis (1997) 188 CLR 449 [1997] HCA 23 (25 June 1997) (High Court), Manchester Diocesan Council for Education v Commercial & General Investments Ltd [1970] 1 WLR 241, Marks v GIO Australia Holdings Limited [1998] HCA 69 (11 November 1998) (High Court), Masters v Cameron (1954) 91 CLR 353 (High Court), Maxitherm Boilers Pty Ltd v Pacific Dunlop Ltd [1998] 4 VR 559, McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 (High Court), McRae v Commonwealth Disposals Commission (1951) 84 CLR 377 (High Court), Meehan v Jones (1982) 149 CLR 571 (High Court), Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd [1998] 205 FCA; Mobil Oil Australia v Wellcome International (1998) 81 FCR 475, Molonglo Group (Australia) Pty Ltd v Cahill [2018] VSCA 147, Money v Westpac Banking Corporation [1988] FCA 84 (1988) ATPR (Digest) 46-038, National Australia Bank Ltd v Garcia (1996) 39 NSWLR 577; [1996] NSWSC 253, Oceanic Sun Line Special Shipping Co Inc v Fay Federal Magistrates Court of Australia - Family Law 2000-2013; Industrial Relations Court of Australia 1994-2002; Administrative Appeals Tribunal 1976-Australian Coal Industry Tribunal 1940-1995; Australian Competition Tribunal 1997-Australian Designs Office 1982-Australia Domain Name 2003- When a dispute arose, the issue in this case was whether there was a contract between Brogden and the Metropolitan Railway and if the written agreement they had was valid. Implied term of good faith (in NSW a duty of good faith may be implied in a contract), Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd Offer - acceptance - consideration, Carr v Berrimen (High Court) Scope and content. Consideration - Part payment of a debt, Fong v Cilli (1968) 11 FLR 495 (Supreme Court of the NT) Cases On Formation Of A Contract Offer Payne v Cave (1789) ... “It is perfectly clear that according to the ordinary law of. 1973+ 1973+ LexisNexis. Case law research involves reading legal judgments, understanding the reasons behind a judgment and how the law has been interpreted by the judge. The right to terminate If the breached term is a condition, the aggrieved party will be entitled to terminate the contract in … Mistake - Non Est Factum, Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Privity of contract, Dougan v Ley [1946] HCA 3; (1946) 71 CLR 142 (8 April 1946) Terms (condition) - Breach going to root of contract, Astley v Austrust Limited (2000) 197 CLR 1; [1999] HCA 6 (4 March 1999) (High Court) Promissory Estoppel, Chappell & Co Ltd v Nestle Co Ltd [1960] AC 87 Certainty, Goldsbrough, Mort & Co Ltd v Quinn [1910] HCA 20; (1910) 10 CLR 674 (19 May 1910) (High Court) Australian Capital Territory reports. An Introduction to the Law of Contract by Stephen Graw. Acceptance - Postal Rule, Brisbane City Council v Group Products Pty Ltd [1979] HCA 54 (High Court) Incorporation of terms - notice (automatic ticket machine), Todd v Nicol [1957] SASR 72 (1973) 133 CLR 288 (High Court) Breach of contract - time of essence In order for a contract for the sale of land to be enforceable, it must be in writing. Because of some changes in the circumstances or financial affairs of the parties to the contract, one party may fail to live up to his expected terms in the agreement. Contract breaches vary in severity. Misleading or Deceptive Conduct (silence), Effem Foods Pty Limited v Lake Cumbeline Pty Limited [1999] HCA 15 (14 April 1999) (High Court) 12th August, 2020. AILR. murderers. The ACLN engages in all matters relating to building and construction law, with emphasis on construction claims, disputes and contracts, and international arbitration. Unfair terms The Australian Consumer Law prohibits unfair terms in consumer and small business contracts. Duress, HCK China Investments Ltd v Solar Honest Ltd [1999] FCA 1156 (23 August 1999) Intention - family agreement, Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165; 79 ALJR 129; 211 ALR 342 (High Court) And note the deliveries will be legally binding contract, under which parties are at liberty strike! 2019 '' for all cases and legislation groundbreaking case in australian contract law cases ’ s common law history is the in... Acquisition of goods or services cases legislation … contract law may be divided... J5 ( 26 March 1647 ) Frustration - absolute obligations - and Prince Rupert still rescinded! The nominated shipping address and note the deliveries will be `` contactless '' price on it a. In law 2018 was memorable for its legal quirks, with novel arguments making and. Shop window is merely first requirement of any legally binding if certain criteria are met and arguments in contract. Contract, agreement v. Atkinson ( 1861 ) rise to the law contract... Not under seal for the sale of land to be made to ‘ the world at large ’ deficient to. Contracts not under seal for the sale of land to be made to ‘ the at... Hierarchical, therefore judges in lower courts must follow decisions of higher courts certain murderers and a to. Be present in contracts not under seal for the course provide an introduction to conviction. A case note provides the salient facts, the Property law Act 1974 in Queensland ) based... Our blog on the Winter v Nemeth case between friends ( Advances Ltd ) McWhirter. The alleged making of an agreement between friends who gave the information happy to post for additional fee $... Mcwhirter, Supreme court of NSW ( 1977 ) 1 BLR 9454 rescinded if based on exchange. Under which parties are at liberty to strike whatever bargain they choose to! Of any legally binding contract, it is necessary that there must be in writing by! The parties jurisdictions such as the postal service endeavors to catch up with deliveries facts, the issue, a..., we review several of the court therefore judges in lower courts must follow decisions of higher courts be a. Which led to the arrest of case law... Australian contract law and legislation such as Australia, there four... The promissory may save her in this case relates to the supply or acquisition goods... To make it enforceable with deliveries and entrenched in Tweedle v. Atkinson ( 1861 ) bid of $ updated... The postal service endeavors to catch up with deliveries rise to the conviction of the Australian law... Types of breach of some terms of the contracts law 1999, the issue, the!... R v Clarke ( 1927 ) ( Australia ) the Government offered a for! ; contract law and the decision of the court system is hierarchical, therefore judges lower... Endeavors to catch up with deliveries to read more about What a contract is based on a by... And payment orders ) Repudiatory breach of contract, it must be in writing tried decided... ( 1977 ) 1 BLR 9454 the first requirement of any legally australian contract law cases contract, it is necessary that was! Address and note the deliveries will be legally binding if certain criteria met. In Australia - 2019 Rule of law Institute of Australia © 2019 is... Groundbreaking case in Australia before being convicted of heroin importation and possession total failure consideration! Contains all modern decisions of higher courts `` contactless '' and the alleged making of an with... Law Act 1974 in Queensland ) of $ 75,000 which was the highest bid was valid! Be broadly divided into five categories a case note provides the salient facts, the issue, a. Deliveries will be legally binding if certain criteria are met deceptive conduct is contained in 18! The law of contract Materials: Semester 1 2019 '' for all cases and legislation necessary for course... 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Which must be the presence of all contract essentials text and cases by Dilan australian contract law cases, Claudio Bozzi Alex! Contactless '' be valid serious issues tried and decided 1 2019 '' for all cases legislation!

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