1.The decisions in Hackshaw v Shaw [1984] HCA 84 and Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7 together establish that in relation to occupier’s duty:. Hackshaw v Shaw (1984) 155 CLR 614 RST v Lane [2012] TASSC 40. Fam Law. https://www.healthgrades.com/physician/dr-kevin-hackshaw-y7lj7 How to use hawkshaw in a sentence. ON 11 DECEBER 1984, the High Court of Australia delivered Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614 (11 December 1984). - 155 CLR 614; 56 ALR 417 <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/StructParents 0>>
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Caftor Pty Ltd t/as Mooseheads Bar & Cafe v Matthew Kook [2007] ACTCA 19. <>
- 155 CLR 614; 56 ALR 417 Watson v George (1953) 89 CLR 409. In Bryant v Fawdon - no duty was found to exist to a trespasser who climbed a fence in the dark to use the toilet and was injured when the cistern fell upon her. }��W�3����./�M{�;��I�ͩ�[*�����i��Xlϭ��=��U��e��t 3�H��ZN�ԅ�!탞����F� ^������c�;��zR��;(�����Y^5��6�e��?P��*L\���� �)w2qP/�[c*�"��A不�NH��-�����*$� cP��w�5j`� F�㼫Z
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It is now clear that an occupier of property can owe a duty of care to a trespasser if it can be proven that it was foreseeable that the trespasser could be injured by the negligent acts of the occupier. He therefore lay in wait near the petrol tank. 4 0 obj
When the visitor is on the land as a trespasser the mere relationship of occupier and trespasser has imposed upon the occupier will not satisfy the requirement of proximity or give rise to a reasonably foreseeable risk of relevant degree of proximity. 14 business and corporation law HI6027s Further the case also discusses about the special obligations that an occupier of a premises owe towards the different types of trespassers. Wednesday, May 6, 2020. Shaw was the owner of a farm where petrol was stored for farming machinery. The additional factor or combination of factors which may, as a matter of law, supply the requisite degree of proximity or give rise to a reasonably foreseeable risk …..they will include either knowledge of the actual or likely presence of a trespasser or reasonable foreseeability of real risk of such presence.”. endobj
HACKSHAW V. SHAW [1984] 155 CLR 614 High Court of Australia – 11 December 1984 FACTS Shaw was the owner of a farm where petrol was stored for farming machinery. business and corporation law HI6027s Hackshaw v. Shaw is a case of tort of negligence where the liability of the occupier of a premises towards a trespasser has been discussed. For negligent injury, trespassers were at first owed no duty of care; then, after Southern Portland Cement v Cooper , only a duty of common humanity. The measure is now prescribed by section 5B of the Civil Liability Act 2002. x��\[s�6~����NL x��hח�N�����y��(��TI*����=� )�^%ܙ�2�\p�w.�z~Q��2������N�t�>�_u]l�8�{ڦ�$Y��Y�����kz_uZ�f�����yz�:.�E!g.�c���$wb������w,?=��;=9�Y���[���d�q&w�����m̓��|���ӓO����bz&��ӔG�uZ��瓫����?ɧ����E���i��9�aRH���8�' |�'�Sx� �S��M�^��4����O�`w?����==9^\������ ���� �# G�+����d~��R�qX�����T,�M����g�$�=��v�Æ��{[����0����P1��>�݆g��)�cOk���S�����2��^�ָo&�C"G��)�#��g�|���b%�N�E��WK��� See what Alana Hackshaw (alanahackshaw) has discovered on Pinterest, the world's biggest collection of ideas. He should have foreseen that it was likely that there could be a passenger in the car and was negligent in firing the rifle at the car. Presentation about Shaw vs Hackshaw 1984 Holmes Institute of management, sydney. This case is consistent with Hackshaw v Shaw [1984] case. Hawkshaw definition is - detective. M3 - Article (Academic Journal) SP - 697. “All that is necessary is to determine whether, in all the relevant circumstances including the fact of the defendant’s occupation of premises and the manner of the plaintiff’s entry upon them, the defendant owed a duty of care under the ordinary principles of negligence to the plaintiff. Hacksaw Ridge is de 5e film van regisseur Mel Gibson en zijn eerste sinds Apocalypto uit 2006. Shaw fired two warning shots at the car and hit Hackshaw who was in the front seat. Did the presence of a dog pose a foreseeable risk? In the case of Hackshaw v Shaw [1984], the court decided that even though the thief and the plaintiff were trespassing at the time the farmer still owed them a duty of care, and that he had breached that duty of care by firing his gun at the car in the dark. Had Shaw breached a duty of care to Hackshaw when he shot his rifle at the car? Photographer. Did You Know? Hacksaw Ridge (2016) cast and crew credits, including actors, actresses, directors, writers and more. June 25, 1954. World War II American Army Medic Desmond T. Doss, who served during the Battle of Okinawa, refuses to kill people, and becomes the first man in American history to receive the Medal of Honor without firing a shot. Definition of Hackshaw in the Definitions.net dictionary. Learn about Dr. Kevin V. Hackshaw, rheumatologist in Columbus, OH. %����
Legislation. Dr. Hackshaw has more experience with Arthritis and Arthropathy and Osteoporosis than other specialists in his area. Information and translations of Hackshaw in the most comprehensive dictionary definitions resource on the web. In the case of Hackshaw v Shaw [1984], the court decided that even though the thief and the plaintiff were trespassing at the time the farmer still owed them a duty of care, and that he had breached that duty of care by firing his gun at the car in the dark. Meaning of Hackshaw. See Hackshaw v Shaw 1984 Hackshaw v Shaw 1984 FACTS Shaw was the owner of a from LAWS 7021 at The University of Queensland Hackshaw sued Shaw seeking compensation for her injuries. Wanneer hij dit doet komt hij echter altijd met iets bijzonders. Rogers v Whitaker (1992) • occupier/occupant: Hackshaw v Shaw, Australian Safeway Stores v Zaluzna. Phone: (614) 889-5001. 1 0 obj
T1 - Hackshaw v Hackshaw. Hackshaw v. Shaw for Adelaide Chemical - myassignmenthelp.com A prerequisite of any such duty is that there be the necessary degree of reasonable of proximity of relationship. See what Winston Hackshaw (whackshaw) has discovered on Pinterest, the world's biggest collection of ideas. SELECTED WORKS. However, the circumstances under which a person came onto land may still be relevant. S��pŲ=Yh�ÌY���)(�����y�V�j�%�l�����..IRm`��sJL�d�ܞ@HE+۬M?P���QL䚵p��)�Ě7���a8�o��U�Ƿ�u���p���y��36���ܶ>�!��b�3�k�iR�֙���A�w5�HH&c't����E��X The petrol was being stolen at night and Shaw decided to ambush the next thief of petrol. See Hackshaw v Shaw 1984 Hackshaw v Shaw 1984 FACTS Shaw was the owner of a from LAWS 7021 at The University of Queensland >�th�F/��:ȯX9w�/�K.�I4F����z��Sf�Yٖ0�Js!x���ȡ���Q��tT�T�%�Q��3�� ��X��b�e������#��\ ���$��^��c-w��?|i˽�6֏�[������T���~A�7��u����_̈́k��ܴ�/T'����/�Z�4dș>�jqS3[ݑ�k���n�4'�s����k-9��k�i!��gJ�F. Hackshaw’s in St. Lucia. �w��]����˩�
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8}e��o�Fk��'M�-�-�>�Zz�(����cG��kE�t��D���&P>a���x6���~ht�#A���"�u �6f�u���X�!���aה��Ƶ-3�q��-���O�c=�q|�k8�h-�ť5C��˳����g�8���y��yPM9n�p��\����B�LRh���ͣ����N6�&A�TѴ��X=�)a��Ik����,{"G?3����ڮ���/�����A:aȸ���Y���>�TC����QO����H�{���]'��$?J�0���銱��m�c�⧫��=�1��$��.~���!1&�����,�G�CBh�~i��/cD��z����Ŵ������?1u��m����������bzN>�O|�M�H���7�}v��o,��H[�1(�N��sL��D�P$7t^"�]�(:��F)^�b*2�D��J���pŮ��S�ʚK�v������'e*��G����}��!_o]��ώNR�(��#w�N �� The petrol was being stolen at night and Shaw decided to ambush the next thief of petrol. Presentation about Shaw vs Hackshaw 1984 Holmes Institute of management, sydney. Filmmaker. This case is consistent with Hackshaw v Shaw [1984] case. 1,415 Followers, 470 Following, 555 Posts - See Instagram photos and videos from Brett Hackshaw (@bretthackshaw) Donoghue v Stevenson • doctor/patient . In Hackshaw v Shaw the usual relationship between trespasser and occupier was altered by the occupier’s shooting into the car in which the appellant trespasser was huddled as a passenger. 13. PY - 1999. Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614; Australian Safeways Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479); for example, someone injured while trespassing may be able to claim. Hackshaw v Shaw [1984] HCA 84 December 11, 1984 Legal Helpdesk Lawyers ON 11 DECEBER 1984, the High Court of Australia delivered Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614 (11 December 1984). Are you Dr. Hackshaw? <>/OutputIntents[<>] /Metadata 87 0 R/ViewerPreferences 88 0 R>>
The current approach to establish the duty of care inquiry in novel fact situations (ones where the relationship falls outside established duty categories), is divided into two legal considerations (p.157): 429 (C.A. James Shaw responds after Greta Thunberg calls out NZ over lack of climate change action 13 Dec, 2020 09:30 PM 5 minutes to read Greens co-leader James Shaw … 2 0 obj
Introduction. The petrol was being stolen at night and Shaw decided to ambush the next thief of petrol. Y1 - 1999. Director. Facts. Hackshaw v Shaw (1984) 155 CLR 614 at 663. occupier of land owes a duty of care to a trespasser if it is foresee… HACKSAW RIDGE is the extraordinary true story of Desmond Doss [Andrew Garfield] who, in Okinawa during the bloodiest battle of WWII, saved 75 men without firing or carrying a gun. Shaw v Thomas [2010] NSWCA 169 at [37] and [38], a case in which the plaintiff was a child. A car arrived and a man got out of the car and the defendant shot at the car attempting to immobilise it and ended up … For a free PDF of this Casewatch, please click the link below: Download × 3 0 obj
Hackshaw v Hackshaw: FD 29 Jul 1999 References: Times 29-Jul-1999 Ratio: Even though in some circumstances there was no formal requirement imposed on magistrates by statute to give reasons for their decision, where that decision was capable of being appealed the giving of reasons was greatly to be encouraged, since in the event of a success at appeal, the appeal court need not order a … Photographer. For example, it would be negligent for a shopping He graduated from Baylor College of Medicine medical school in 1983. 294 (7): 2555. Bird v Holbrook (1828) 4 Bing 628; Southern Portland Cement v Cooper [1974] AC 623 (PC); Hackshaw v Shaw (1984) 155 CLR 614. JF - Fam Law. See what Christine Hackshaw (chrishackshaw) has discovered on Pinterest, the world's biggest collection of ideas. Join Facebook to connect with Wendy Hackshaw and others you may know. 0�,+&�9iiH�J �` Wendy Hackshaw is on Facebook. High Court of Australia – 11 December 1984. EP - 697. What does Hackshaw mean? Sign up for MD.com. Shaw owes a duty of care to Hackshaw to avoid injuring her by his rifle. At common law, the duty is measured by what a reasonable person in the occupiers' position would do in response to the foreseeable risk. Email:
[email protected], Enter your details below to subscribe to our Casewatch mailing list, Doyles Dispute Resolution Practice Asia Pacific, Doyles Dispute Resolution Practice America, https://doylesarbitrationlawyers.com/wp-content/uploads/2015/10/doyles_arbitration_lawyers.jpg, Halkat Electrical Contractors v Holmwood Holdings, Leidos Inc v The Hellenic Republic [2019] EWHC 2738 (Comm) (17 October 2019). negligence introduction elements.....7 required elements for. b. the duty of an occupier varies with the circumstances of a person’s entry. (See Hackshaw v Shaw [1984] HCA.) Peter, John and Percy Shaw had a company together. He therefore lay in wait near the petrol tank. 1954) SHAW v. SHAW AND ANOTHER. The case of Hackshaw v Shaw provides an excellent account of the act of negligence where the owner of certain land or property owes a liability towards the trespasser. HACKSHAW V. SHAW [1984] 155 CLR 614. Shaw kan syfta på: . It was accepted that Shaw had not known that Hackshaw was in the car. John Shaw & Sons (Salford) Ltd v Shaw [1935] 2 KB 113 is a UK company law case, concerning the proper interpretation of a company's articles of association. AU - Bailey-Harris, RJ. This duty has been partially codified under the Wrongs Act 1958. Hackshaw v. Shaw is a case of tort of negligence where the liability of the occupier of a premises towards a trespasser has been discussed. The touchstone of its existence is that there be reasonable foreseeability of a real risk of injury to the visitor or to the class of person to which the visitor is a member. Did Shaw owe a duty of care despite her being a trespasser on his hand? �Q�]Юg������vB�-G��8�� ɐ�� ���~�H���l��p\1&�u�ţ�3J]�b�����X2uDj���Ҫ�f�A�R��>��M�K1���e7�Qm����2��s�ª����iy�X������O�@(^��D^��tnT`��}���r`�DvȀ �+cƋ��sc���o�ƴ��p��T`?�����T�Ԋ��r������XCĶ��qJ`q�GO,\��� '���{�y%���ئ{7�$�Y��p�^뛪h��!��Ze�eS���@�� 2�/7�5��ՔF�n�V��K]S�jv��q��5~��} ����]E��Fr���#B�G[$]����� :���S���Gj����re�h�`�1�X��F�lR��qu��Ml~��%�_��"5���KwFU�l�� �+�#j�_qy��= Hackshaw’s actions accompanying Cox had contributed to the injury as she had illegally entered Shaw’s property. Further the case also discusses about the special obligations that an occupier of a premises owe towards the different types of trespassers. Go6$r�䟏-�{���C����/�AP����;�ť�J9�f�s]?����>�/�����I�p��+���g�g�3?������K�0RW�hꡚ�c"��I��eg�%�t����:;���2T��x�F�.�8�Z��w;Zڗ���*,�����҅���2�s��0�Ae�Wj�ҋ!�p���b�hC��Y�V�y�5�zW��pc��7ݎ���2й:Րۀ���t�:)@��T5iM~�����[�0�z�Y���S���hBz�c�3v^�. An article headed “Unholy Gains” was published in Barrons Magazine and also placed on the Defendant’s website located in New Jersey USA. 2 Q.B. Gibson is natuurlijk vooral bekend als acteur en regisseert slechts spaarzaam een nieuwe film. h��5����@I{�tq �����)/�y������$+ך���F���t�Ƅ��ξ��(�W�V_pS���8}g�ؑ�@�X��1۰�xD��c$k�
��I���a��D���D�U�m��Ƃ�. Select one: a. occupiers of property owe a duty of care to anyone who enters their premises, including trespassers. Harold Franklin Hawkins (December 22, 1921 – March 5, 1963), better known as Hawkshaw Hawkins, was an American country music singer popular from the 1950s into the early 1960s. NARRATIVE 10 [2009] NSWCA 364. Supreme Court of VIC– 28 August 2001. Something more will be required. Sale of Goods Act 1896 (Tas) The format of legal citations used by the University of Tasmania is described in Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010). Dr. Kevin Hackshaw, MD is a Rheumatology Specialist in Columbus, OH and has over 37 years of experience in the medical field. Facebook gives people the power to share and makes the world more open and connected. Hackshaw v Shaw - [1984] HCA 84 - Hackshaw v Shaw (11 December 1984) - [1984] HCA 84 (11 December 1984) (Gibbs C.J., Murphy, Wilson, Deane and Dawson JJ.) Directed by Mel Gibson. endobj
Hackshaw v Shaw - [1984] HCA 84 - Hackshaw v Shaw (11 December 1984) - [1984] HCA 84 (11 December 1984) (Gibbs C.J., Murphy, Wilson, Deane and Dawson JJ.) We, as a family, are proud of the fact that we introduced charter boating to our island some 60 years ago, as well as offering some of the best tours/charters in St. Lucia. SELECTED WORKS. Engage with us Get in contact. A … b. the duty of an occupier varies with the circumstances of a person’s entry. Hackshaw v Shaw . View info, ratings, reviews, specialties, education history, and more. Select one: a. occupiers of property owe a duty of care to anyone who enters their premises, including trespassers. 1.The decisions in Hackshaw v Shaw [1984] HCA 84 and Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7 together establish that in relation to occupier’s duty:. Dr. Kevin V Hackshaw - Dublin OH, Rheumatology at 3900 Stoneridge Ln. People Projects Discussions Surnames FACTS. FACTS. Hackshaw was in a stolen motor vehicle with Cox when Cox drove into Shaw’s farm, with the headlights turned off, and started stealing petrol. Further the case also discusses about the special obligations that an occupier of a premises owe towards the different types of trespassers. § Or defence of one’s property: Hackshaw v Shaw (1984) 155 CLR 614 o Disproportionate force is not necessarily unreasonable. Hackshaw v. Shaw is a case of tort of negligence where the liability of the occupier of a premises towards a trespasser has been discussed. He is affiliated with Ohio State University Hospital. Genealogy for Alfred Albert Hackshaw (c.1915 - d.) family tree on Geni, with over 200 million profiles of ancestors and living relatives. Find Kevin Hackshaw online. ��y���A"�*;��ߓ_J1���,e4N�F�>��s�B
��gU�Qa���+��:��uC�����kV��R[���t`6 (j�RO_P��C��[�mhU�8W]{e�[���N�n����~��`yQ��y��Ĥf���m�v�N`��K�K� p8��L�j�3�}���rE�F�2p�ȶ��Ҹ��{JC��6�+�uk"�d�-��e���N����@e�5��k�xFh� This created a level of risk (reasonably foreseeable) which operated to transform the relationship from what it would have been within the pure category of occupier’s liability. He therefore lay in wait near the petrol tank. These cases have established that the occupier is under a general duty of care to any entrant, irrespective of category, according to the ordinary rules of negligence. 1999;697 - 697. Twitter, Instagram, Facebook, Images, Youtube and more on IDCrawl - the leading free people search engine. NARRATIVE VOLUME 294 (2019) PAGES 2555–2568 Due to publisher error, “150 l/mm” was changed to “150 liters/mm” in the second paragraph of the “Vibrational spectroscopy of samples” section under “Experimental Procedures.” go to www.studentlawnotes.com to listen to the full audio summary iv) The circumstances under which you came into possession of the said SAR bearing reference number FIB/TTPS//232/2017/02A or any such correspondence from the FIU concerning Irwin Hackshaw v… Hackshaw v Hackshaw. This duty is based on the law of negligence, which states the occupier ‘must take reasonable care and owe a common law duty of care to ensure that anyone who comes onto those premises is not injured’ (Hackshaw v Shaw). Contract Managers should be aware that sometimes a duty of care can be owed to people who commit the illegal act of trespass. See what Jemma Ashton- Hackshaw (ashtonhackshaw) has discovered on Pinterest, the world's biggest collection of ideas. _�؍5��osO�;�X2G`��Y��
��"Lγ绁/!���)y��ݭ]�!e� _�?U�^��x�R[)�V �GU5g��\b�*7��Rj�X�lqzM�Skz�����F�lY�fA�T������&����iC�O� w�; Ll
5�J�Xާ@S��@d=�inٙP�C���,'LR�U�$_��U�hٗ!m���1C��tF��"E�Y��`��~W��}�X~l�:���/�F�`�5i��r��Lv�b��V�j|�]e���'ѝ Proportionality is a factor to be taken into account in determining whether the defendant’s action were reasonable: Zecevic v DPP (Vic) NEGLIGENCE – Duty of Care Duty of care -Approaching the scenario: Filmmaker. Application: Tom was not invited so Zaluzna not applicable. By Kevin V Hackshaw, Didem P. Aykas, Gregory T Sigurdson, Marcal Plans jbc.org — See original article: Hackshaw et al. ER - Bailey-Harris RJ. Was Hackshaw pertly liable for her injuries by trespassing on the land. Have a look at the cases of Hackshaw v Shaw (1984) 155 CLR 614 and Australian Safeway Stores v Zaluzna (1987) 162 CLR 479 in your textbook. The High Court of Australia in Hackshaw v Shaw recognised a limited duty of reasonable care when there was a real risk that a trespasser might be present and injured: Southern Portland Cement v Cooper [1974] AC 623 (PC); Hackshaw v Shaw (1984) 155 CLR 614. 11. see . With Andrew Garfield, Sam Worthington, Luke Bracey, Teresa Palmer. Hackshaw v Shaw: FACTS: (D shot trespassers) Hackshaw owned a farm and tried to catch some petrol thieves, he lay awake for them on the property at night. Welcome to Hackshaw’s Boat Charters St. Lucia. The case has put more clarity on various liabilities a property owner has towards the various sort of trespassers. High Court of Australia – 11 December 1984. Hackshaw v ABB, Inc. 2015 NY Slip Op 30043(U) January 7, 2015 Supreme Court, New York County Docket Number: 190022/13 Judge: Cynthia S. Kern Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. <>
Director. The measure of the discharge is what a reasonable man would, in the circumstances, do upon the land, the mere relationship between occupier to take reasonable care to avoid a foreseeable risk of injury to him or her. Part IIA commenced before the decisions of the High Court in Hackshaw v Shaw (1984) 155 CLR 614 and Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479. It appears that ‘standard of care’ was an intended reference to the different duties owed to invitees, licensees and trespassers at common law, overlaid by the ‘active operations’ conception. Shaw (namn) – ett namn samt personer med namnet Shaw (auktor) – en auktorsförkortning för flera personer Shawpriset – vetenskapspris från Hongkong; Shaw Brothers – filmstudio i Hongkong; Geografi JO - Fam Law. 12. %PDF-1.7
Hackshaw v Shaw (1984) 155 CLR 614 This case considered the issue of negligence and whether or not a landowner used reasonable force when confronting a trespasser on their property and whether they owed them a duty of care. Hacksaw Ridge is a 2016 biographical war film directed by Mel Gibson and written by Andrew Knight and Robert Schenkkan, based on the 2004 documentary The Conscientious Objector.The film focuses on the World War II experiences of Desmond Doss, an American pacifist combat medic who, as a Seventh-day Adventist Christian, refused to carry or use a weapon or firearm of any kind. GUTNICK V DOW JONES & CO INC [2001] VSC 305. See what Louise Hackshaw (louisehackshaw) has discovered on Pinterest, the world's biggest collection of ideas. ON 11 DECEBER 1984, the High Court of Australia delivered Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614 (11 December 1984). He was trespassing as in Bryant v Fawdon where there was a DoC but no DoC owed to trespasser in Hackshaw v Shaw. LAW203 - Trespass to Land + Nuisance (Wk 3 + Wk 4 Tut) MKTG 202 Cheat Sheet ECON 110 S1 2018 Week 3 Lecture Slides T LAW 402 (Assignment Question) Summer Semester 2017 (AH) Torts Hypothetical Torts - LAW203 - … occupier of land owes a duty of care to a trespasser if it is foresee… Shaw was the owner of a farm where petrol was stored for farming machinery. Iets bijzonders SP - 697 being stolen at night and Shaw decided ambush. Consistent with Hackshaw v Hackshaw hij echter altijd met iets bijzonders so Zaluzna not applicable sort of trespassers and! Of trespass HCA. a duty of an occupier varies with the circumstances under a! Illegally entered Shaw ’ s Boat Charters St. Lucia more open and connected trespasser in Hackshaw Shaw! Mooseheads Bar & Cafe v Matthew Kook [ 2007 ] ACTCA 19 codified under the Wrongs Act 1958 Journal! 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