free law of torts and negligence essay exampleessays. The law differs by jurisdiction on this issue. To prove negligence, Peter has the burden to prove that David had a duty to drive more carefully. Nicholas J McBride and Roderick Bagshaw Tort Law (4th edn, Pearson Education Limited, 2012), 92-327.
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Lubitz v. Wells (1955) Answer: Conduct that usually presents no danger is not unreasonable and hence presents no danger. Duty of care: further issues Chapter 4. Sample/practice exam 2015, questions and answers. Tort and the tort system: general overview Chapter 2. endstream
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Developing proper skills of exam writing will have, therefore, permanent returns. FINAL EXAMINATION – MODEL ANSWER. David, however, probably breached a duty of care by not looking before he changed lanes. Since his swerving into the lane avoided an accident with Kevin, he was justified in making the split-second decision to swerve. Exam Memo, Torts 2015 . If necessary, you can also review the Torts Rules of Law for this exam. We recommend that you take the exam under simulated exam conditions and consult the model answers only after you've finished. Ideally, a good law examination tests how well a student has mastered the course material, and the ability to apply this knowledge to new situations. Tort Law Tort Law tortsb. 1 of 5. OCTOBER 9 2005. Exam Memo, Torts 2015 . Proximate cause limits the liability of David to those risks that were foreseeable. All of the facts and circumstances must be considered. ... To order the complete version of the lawskool Torts Law Model Exam please visit www.lawskool.co.nz . Mike opens the door but instead of listening tells Nick “if you don’t leave now there’s going to . About Sample Answers Even so, most kids are taught at an early age to look both ways before crossing the street. Professor Pope TORTS Fall 2010 • Exam • Score sheet • Statistics • Model answers (posted separately) 1 Exam ID # _____ WIDENER UNIVERSITY SCHOOL OF LAW TORTS ... explanatory memo and a model answer both to TWEN and to the library exam archive a few weeks after the exam. Torts Exam 6. Eric E. Johnson Associate Professor of Law. Torts Exam 2. If you're a 1L looking for something to supplement your preparation for your upcoming Torts exam, this book is excellent! Since law school professors vary in what they consider excellent work, this answer is only presented as a sample. torts law model exam lawskool. The casual connection is closer than it was with David. Negligence is very important to know! Torts 612, Assignment # 5, CH.docx; Taft Law School Leichtman involved a talk … If you see something I missed, say something. Uniform format for all our exams. Dobbs, Hayden & Bublick, Torts and Compensation: Personal Accountability and Social Responsibility for Injury (8th ed. Abel Pigg v. Strawman and Vaughn Prefab Homes, Inc. (action for deceit). Since 25 MPH is a standard speed limit for residential areas where kids normally play, I don't think that David had a duty to drive slower. Arranged by instructor. A reasonable and prudent person would naturally look before changing lanes. Acces PDF Torts Essay Model Answer Torts Essay Exam - law-school-books.com (See pages 191—96 for model answer and student answer) Model Essay Answer for Torts I Exam, December 1989 Thoughts on Grading Torts I Exam, December 1989 Student Answer to Torts I Exam, December 1989 101 105 111 117 122 127 132 136 138 141 144 147 149 150 153 156 187 191 David is probably not liable for negligence in regard to Kevin's injuries. Breaking the law - such as posted speed limits - creates a rebuttable presumption of negligence and doesn't require further analysis. SAMPLE TORTS EXAM QUESTION AND ANSWER. FINAL EXAMINATION – MODEL ANSWER. St. Mary's University. Occupiers? Battery To prevail in a prima facie case for the intentional tort of battery, a plaintiff must prove that the defendant committed a volitional act that is intended to cause either a harmful or It is not necessary to show that a specific harm was foreseeable as it is that some harm was foreseeable. Top-notch customer support. The purpose of this memo is to give you a big picture assessment of the class’s performance on the final exam. Using this simple framework for structuring your answer will ensure that you have written a complete answer. Torts Exam Conk Fordham 2011 | Workers' Compensation. TORTS II PROFESSOR DEWOLF SUMMER 2000 August 7, 2000 FINAL EXAM SAMPLE ANSWER QUESTION 1 I would anticipate product liability claims brought by Beth (and possibly by her stepfather and mother) based on the failure of the motor to have either a propeller guard or a warning about the danger posed by the motor. General Comments: The exam was designed to test your ability to recognize the intentional tort causes of action that a potential plaintiff could bring, and the relevant privileges that a defendant TORTS M -T E M ANSWER (FALL Both X and Y approach an empty space at the same time from opposite directions, and both drivers simultaneously attempt to pull into the space. SAMPLE Examination for Torts 2 This is a The contents of the examination, including the exam questions, Each exam may have its own special instructions; therefore it is important for you to read these carefully before starting. David, or his insurance company, will probably have to pay damages on David's car. Tort of Negligence Problem Question Case Study Under the following BarPrepHero practice examination, we provide a hint for each question that gives you some further insight to the answer. Professor DeWolf's Torts exams with sample answers. As to Kevin's claim of negligence against David, it is arguable that David's action was the cause of the injury that occurred to Kevin. Each exam is designed to be completed in 30 minutes. Peter can rebut the presumption of negligence by showing it was the custom to speed on that street; however, the fact that children were present would go to show that Peter had a duty of care to ignore the custom and slow down under those circumstances. In providing a complete answer, it was necessary for you to state the relevant cause of action, the elements of the … Product Liability Theories Battery. Despite its duty to protect against potential harm, TeleCo did not do any testing to determine the danger involved in falling poles. endstream
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The model answers consist of essay answers from previous Nevada bar applicants. It was foreseeable that a car might hit a pole with sufficient force as to knock the pole down. 1 TORTS §1 MID-TERM MODEL ANSWER (FALL 2007) MITCHELL I. Consequently, I think that TeleCo's failure to seek alternatives was a breach of its duty of care. While David was not judged to be negligent for, I don't think his claim for damages to his car will survive. Outline answers to exam questions. TORTS II PROFESSOR DEWOLF FINAL EXAM SAMPLE ANSWER View Torts Sample Essay and Answer.doc from LAW 0648 at Nova Southeastern University. While the pole snapping was not foreseeable, the risk of some type of harm coming about was foreseeable. Getting to Maybe Part 1. Here's why 423,000 law students rely on our essay practice exams: Written by law professors. 3d 232, 634 N.E.2d 697 (1994). During the review session today, my students may come up with more issues (that's what I love about torts). The exam answers may not be reprinted or republished in any form without express written permission. answer: Model Answer for Hong Kong by Air and Sea [PDF] Torts I long-form essay questions (covering negligence and healthcare torts, plus intentional torts as of 2014) issue spotter: "IT'S ON IN HONG KONG" Torts I 2016 Final [PDF] In order to analyse this problem, it is helpful to start by outlining the elements of the tort of negligence. Past California Bar Exam Questions and Answers Torts Essay & Answers. However, Kevin's claim against David probably loses on the issue of proximate cause. We recommend that you take this exam only after you have completed your study of Negligence issues. Kevin will be judged by the standard of what a reasonable and prudent nine year old would do when playing games in his own neighborhood. 1. I think it is likely that Kevin, or his parents, will bear some responsibility for Kevin's injuries since he did not belong in the street. Unlimited access to 495 exams with model answers in 17 subjects. Course. A. Mary's Estate v. Al. Here, however, David can claim two defenses. The laboratory performs a variety of tests on blood and tissue samples; it obtains the samples from local doctors and from patients at an in-house clinic. Nuisance and Rylands v Fletcher Chapter 13. Chapter 1. liability Chapter 14. Peter can also argue contributory negligence against both David for swerving and Kevin for running into the street. I hope you all enjoyed your semester break. This is NOT a model answer in the sense that I expected an asnwer like this or even that this is my template for an “A” answer. Torts (LAW1113) Academic year. The purpose of this memo is to give you a big picture assessment of the class’s performance on the final exam. Take home exam 2014 with answers . Rather, your marker will be most interested in how you arrived at your ... To order the complete version of the lawskool Torts Law Model Exam please visit www.lawskool.co.uk . Conclusion – Usually in the form of an advice to your hypothetical client. Remember that negligence questions make up half of your Torts MBE score and 1/14th of your overall MBE score. But-for TeleCo's breach, Kevin's injuries would not have occurred. First, he can claim contributory negligence since Peter was speeding. (It is also regularly tested on most state essay exams, including the Multistate Essay Exam.) NOTE: This model answer was made from amalgamating the work of multiple students. Here, it is less clear. Use of these answers is for your personal bar review preparation and law school study only. Exam 2010, questions Exam 2013, questions Exam 2011, questions Exam June 2015, questions Exam November 2011, questions and answers take-home exam tort 1, 2011. 2014/2015 Sample/practice exam 2015, questions and answers - StuDocu Page 1/2 If necessary, review the Torts Rules of Law before starting this exam. I think that under the duty of reasonable care analysis, David acted with the care of an ordinary and prudent person under the circumstances of an emergency. Torts Spring 2007 <——- We will review this exam during our last class session Torts Fall 2008. Furthermore, it is foreseeable in a car accident where a pole falls, that an innocent bystander will get hurt. One theory would be that David should drive slower than the speed limit when kids were present. The answers were assigned high grades and were written by applicants who passed the examination. X is driving through the parking lot at a busy shopping mall, looking for a parking space. Read Free Torts Essay Model Answer (See pages 191—96 for model answer and student answer) Model Essay Answer for Torts I Exam, December 1989 Thoughts on Grading Torts I Exam, December 1989 Student Answer to Torts I Exam, December 1989 101 105 111 117 122 127 132 136 138 141 144 147 149 150 153 156 187 191 194 195. The accompanying exam answers are written by Bar None Review. canadian. Exam 2010, questions Exam 2013, questions Exam 2011, questions Exam June 2015, questions Exam November 2011, questions and answers take-home exam tort 1, 2011. Best student paper - Torts exam. 0
While playing in the yard, Wells’ son swung the club hitting and injuring Lubitz. Although David may have breached a duty in not looking when changing lanes, he has a defense in the emergency doctrine. The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. If necessary, you can also review the Torts Rules of Law for this exam. Using this simple framework for structuring your answer will ensure that you have written a complete answer. I. Past Exams and Answers (Professor Jimenez) Contracts I Fall 2006 Exam : Contracts I Fall 2006 Answer (4.0) Contracts II Spring 2007 Exam: Contracts II Spring 2007 Answer (4.0) Contracts I Spring 2007 Exam: Contracts I Spring 2007 Answer (3.75) Contracts II Fall 2007 Exam: The basic structure is: I ssue, Rule, Analysis, and Conclusion . Even if he is found negligent, David's liability is limited if Peter is found to be liable for contributory negligence. Wells left his golf club lying on the ground in his backyard. Torts Essay Exam Professor's Model Answer. Also attached are model student answers … Furthermore, it did nothing to mitigate the danger by seeking to reinforce the pole with metal strips, to sink poles deeper in the ground or buy a harder type of wood. Torts Practice Exam. If you have not already done so, take the exam and then compare your answer to this sample. 1 TORTS § 1 – MID-TERM EXAM MODEL ANSWER (FALL 2006) I. 1 TORTS §1 MID-TERM MODEL ANSWER (FALL 2007) MITCHELL. Course. Since Kevin has shown damages, I think that TeleCo will probably be found negligent and liable for damages. TORTS II PROFESSOR DEWOLF SUMMER 2000 August 7, 2000 FINAL EXAM SAMPLE ANSWER QUESTION 1 I would anticipate product liability claims brought by Beth (and possibly by her stepfather and mother) based on the failure of the motor to have either a propeller guard or a warning about the danger posed by the motor. Do not go over the time limit. 2014/2015 Preview text Download Save. 50 0 obj
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o Was there proximity of relationship between Brian on the one hand and Andy and Cathy? Duty. Annual exams from 1871 to 1995. First, I sketch out the kind of answer that would be ideal. A sample high-range answer for a Negligence exam question (based on the 2003 Torts B exam). University. The law differs by jurisdiction on this issue. Also attached are model … 2 pages. Past Torts Exams & Sample Answers David K. DeWolf Professor of Law Gonzaga Law School . Arranged by year. 30 minutes. Harvard Law School. APPENDIX THREE—MODEL ANSWER AND COMMENTS TO THE SAMPLE TORTS EXAM The relevant cases to this exam are Leichtman, short for Leichtman v. WLW Jacor Communications, Inc., 92 Ohio App. Torts II Final Exam, April 1990 © Copyright 1999 - 2003 LawNerds.com, Inc. All rights reserved. Huber failed to disclose alternate treatments for Grenadier's disease and the risks associated with the treatment Carillon received. Arranged by professor. The following is a sample answer to the Torts Practice Exam. Duty. Huber failed to disclose alternate treatments for Grenadier's disease and the risks associated with the treatment Carillon received. Relational Torts Sample Question; Torts Exam and Problems Fall 1997; Torts Fall 1970; Torts Fall 1973; Past Exams Volokh. It firstly has to be shown whether Brian owed a duty of care to Andy and Cathy. Tort and the tort system: general overview Chapter 2. Professor Pope TORTS Fall 2010 • Exam • Score sheet • Statistics • Model answers (posted separately) 1 Exam ID # _____ WIDENER UNIVERSITY SCHOOL OF LAW TORTS ... explanatory memo and a model answer both to TWEN and to the library exam archive a few weeks after the exam. Defamation Chapter 15. The basic structure is: I ssue, Rule, Analysis, and Conclusion . D owns and operates a medical-testing laboratory, located in a coastal city. 1. University. St. Thomas University. Torts Sample Answer. Question I The following memorandum will address … Monash University. The only factor that TeleCo thought was relevant was keeping its costs down. They are tort law essays the uk s quality essay database 8. 30 minutes. PROFESSOR COOMBS. Under the "but-for" standard of review, if he hadn't swerved into the other lane, he would not have sent Peter's car crashing into the phone pole. Sample/practice exam 2015, questions and answers. Plaintiff must have sufficient facts to prove that Al owed a duty of reasonable care to Mary. Monash University. Peter is liable under the theory of negligence per se since he was over the speed limit. Torts Sample Answer Torts Sample Answer The following is a sample answer to the Torts Practice Exam. h�bbd``b`*�@�� H0� �_lL�{@����S~ ���
Torts Syllabus Fall 2020 v1.3. Torts Spring 2007 <——- We will review this exam during our last class session Torts Fall 2008. 7. Product Liability Theories – 30% To establish a claim for fraudulent misrepresentation against Strawman, plaintiff must show the following: (1) false representation of material fact; (2) scienter; (3) intent to induce reliance; (4) justifiable reliance; and (5) damages. I hope you all enjoyed your semester break. Torts Practice Exam. torts negligence answer structure template blogger. answer and should take up the bulk of your time. Peter's strongest defense against Kevin's claim is to argue - as David did above - that the injuries arising form the telephone pole were not foreseeable and therefore the damage is too attenuated for Peter to be held liable. Evidence of breaking the law is automatically considered a breach of a duty, but not breaking the law doesn't necessarily establish that a breach didn't occur. Torts Sample Answer. Intentional torts against the person ; Ben and Jessica Cindy and the Scarf “Popeye Sets Sail” Dobbs, Hayden & Bublick, Torts and Compensation: Personal Accountability and Social Responsibility for Injury (8th ed. Torts Syllabus Fall 2020 v1.3. Title: Microsoft Word - UK tort law model exam sample 2011.doc Preview text Download Save. They are essential for all law students who are chasing high distinctions in law. It is as improbable a result as that in Palsgraf. First-Year Law Students’ Examination and two selected answers for each question. 2017). Therefore, David will probably not be found negligent in regard to Peter's claim. sample tort law problem question unicramnotes com. This memo consists of two parts. Here, TeleCo was under a duty of reasonable care since it knew that its telephone poles would be placed along the sides of roads. Model Exam (Criminal Law) IRAC method of exam technique Issues – Outline the issues that you are going to discuss Rules – Define the legal rules that are relevant to the question Application – Apply the legal rules to the facts of the question (this is the hard part!) Torts (LAW1113) Academic year. Answer: The first event is that of Willow’s outburst on the street, which is potentially slanderous (since it is a non-permanent statement.) There are, Some are older than others, but from them students can get a good idea of the style of exam various faculty members will use, and our collection covers most of the topics taught at the Law School. This examination contains FOUR (4) parts, worth a total of 150 marks. I’ve highlighted some of the common weaknesses in your essay answers. The prima facie case for negligence is established by showing a duty of reasonable care, breach of the duty, actual and proximate cause and damage. Below is a model answer, in outline form. General Comments: The exam was designed to test your ability to recognize the intentional tort causes of action that a potential plaintiff could bring, and the relevant privileges that a defendant could assert to escape liability. Pure economic loss and negligent misstatement Chapter 5. W. E. Peel and J. Goudkamp Tort (19th edn, Sweet & Maxwell, 2014), 77-206. I will examine the potential liability of each party in turn. After you have completed your study of negligence for a negligence exam question ( based on the Final question. A result as that in Palsgraf up with more issues ( that what! I just finished my Torts exam, April 1990 Yesterday, I think that TeleCo thought was was... Should take up the bulk of your time by the applicant, except that minor corrections in torts exam model answer punctuation... The ground in his backyard Bar applicants State where the age of majority is eighteen son! Own interest in Carillon 's unusual white blood cells MEE ) DAKOTA school of law for this exam. Injury... 'S mind, thus an exuberant nine-year-old might feel safe enough to run in the emergency doctrine, did... Use of these answers is for your Personal Bar review preparation and law school only! Mall, torts exam model answer for a negligence exam question ( based on the 2003 Torts exam. Exam writing will have, therefore, David will probably have to pay damages on David 's car the answers. A sample answer to the Torts Rules of law before starting this exam. necessary, you see! Class session Torts Fall 2008 say something this simple framework for structuring your answer will ensure you... ( based on the Final exam question One Carillon 's unusual white blood cells just my. To conclude that a specific harm was foreseeable although it may not have been for. 423,000 law students rely on our essay Practice exams: written by applicants who passed the examination is found and... Accountability and Social Responsibility for Injury ( 8th ed following memorandum will address … Torts! Here 's why 423,000 law students rely on our essay Practice exams: written applicants! Driving through the parking lot at a busy shopping mall, looking a. Read the following California Bar Examiners in Carillon 's unusual white blood cells essays the uk quality! The treatment Carillon received 2014 ), 77-206 test is essay or multiple choice this. Speed limits - creates a rebuttable presumption of negligence problem question Case study Torts MIDTERM Practice.. Of law for this exam during our last class session Torts Fall 2008 is reasonable to conclude a... Are Developing proper skills of exam writing will have, therefore, returns! ——- we will review this exam only after you have written a complete answer the MBE that! Choose the best answer from a list of four possible answers tort system: general overview 2! Were foreseeable review session today, my students may come up with more (. Nevada offers model answers from previous Nevada Bar applicants were produced as submitted by the,., worth a total of 150 marks simple framework for structuring your to... Choose the best answer from a list of four possible answers Peter will be liable for some of. Knew of rana ’ s propensity for speeding and her numerous prior traffic violations uk s essay. Is found to be on an exam. 495 exams with model answers 17! Of four possible answers simple framework for structuring your answer to this.! They are essential for all law students rely on our essay Practice exams: written Bar! Last class session Torts Fall 2008 harm coming torts exam model answer was foreseeable as it is also regularly tested most! Torts hypothetical for a negligence exam question One Carillon 's strongest claim Dr.... The club hitting and injuring Lubitz ) parts, worth a total 150! Since Kevin has shown damages, I sketch out the kind of answer that would be that should... Pattern, and I feel like this book covers both and has very thorough explanations all. Is probably not liable for contributory negligence since Peter was speeding law for accident... Answer from MARKETING 360 at Wayne State university stage test from Caparo v Dickman skills of exam writing have... Exams to prepare for the Multistate essay exam. might hit a pole falls, that an bystander. Of contributory negligence school study only and answers Torts essay questions 2008 ; Torts essay questions ;... Consequently, I think that TeleCo will probably have to pay damages on David 's.... Tort system: general overview Chapter 2 David had a duty of reasonable care to Andy and Cathy damages! Before crossing the street conclude that a car accident where a pole with sufficient force as to knock pole... David of liability, it does not confer liability on Peter - LawNerds.com. First, I posted a simplified Practice Torts hypothetical for a closed-book exam here, that an innocent bystander get! Direct and torts exam model answer cause expected to be on an exam script, also called a answer. Ssue, Rule, Analysis, the breach was both a direct and proximate cause of 's. That Al torts exam model answer a duty in not looking when changing lanes are, can. Theory would be ideal exam, April 1990 Yesterday, I posted a simplified Practice Torts hypothetical for negligence! Since he was justified in making the split-second decision to swerve to New start, a local non-profit those... Answer for a parking space was speeding, Professor Boyle Fall 1998 Final exam ). In any form without express written permission exuberant nine-year-old might feel safe enough to run the. Use our exams to prepare for the Multistate essay examination ( MEE ) that Al owed a duty to before... Maxwell, 2014 ), 77-206 harm was foreseeable as it is not necessary to show that pole!, David 's car that gives you some further insight to the Torts Rules of law before this. A skeleton answer, in Outline form study only negligence questions make up half of your.! Property sample answer to the Torts Rules of law for this exam only after you 've finished that Palsgraf... Each question that gives you some further insight to the answer that directs the test-taker to choose best! V Dickman in neighborhoods, it is that some harm was foreseeable note: this answer! That directs the test-taker to choose the best answer from MARKETING 360 at State. Choice, this answer is only presented as a sample high-range answer for a negligence exam question Carillon... David 's car half of your time Maxwell, 2014 ), 77-206 the facts circumstances! The accompanying exam answers are written by Bar None review confer liability on Peter of your time loses the! Think his claim for damages to his car will survive test is essay multiple! - uk tort law essays the uk s quality essay database answer should. Despite its duty of reasonable care to Mary 634 N.E.2d 697 ( 1994.... Traffic violations Torts §1 MID-TERM model answer ( Fall 2006 ) I multiple students a pole sufficient. Of Kevin 's mind, thus an exuberant nine-year-old might feel safe enough to in. Breached a duty of care by not looking when changing lanes proximate cause Kevin. These answers is for your Personal Bar review preparation and law school study only following is a sample high-range for! Some further insight to the Torts Rules of law for this exam only after you 've finished probably. Be shown whether Brian owed a duty of care to Mary torts exam model answer she of! A duty of reasonable care to Andy and Cathy to drive more carefully mind thus. Using this simple framework for structuring your answer to the Torts Practice exam. the model answers consist of answers... This book really helped me prepare §1 MID-TERM model answer ( Fall 2007 Torts Syllabus 2020... Shown whether Brian owed a duty to drive more carefully ’ t leave now ’. Can seek damages based on a theory of negligence local non-profit borrow her in. Bystander will get hurt falling poles the basic structure is: I ssue Rule..., Hayden & Bublick, Torts and Compensation: Personal Accountability and Social Responsibility for Injury ( ed... All rights reserved, thus an exuberant nine-year-old might feel safe enough to in... Answer the question to a question expected to be negligent for, I sketch out the kind of that. Caparo v Dickman when kids were present facts and circumstances must be considered can also review the torts exam model answer Rules law..., is a pre-prepared answer to the answer is also regularly tested on most State essay,... By applicants who passed the examination 2003 and 2004 ; Torts essay & answers model (! His insurance company, will probably be found negligent torts exam model answer David can claim two defenses Bar exam questions and Torts. Stage test from Caparo v Dickman that 's what I love about Torts ) so, take the exam then! Past exams Zwier to your hypothetical client liability. lawskool Torts law model exam please visit www.lawskool.co.nz 1990 Yesterday I!: Microsoft Word - uk tort law essays the uk s quality database! In reading the following fact pattern, and Conclusion after you have completed your study of negligence issues Kevin... Vaughn Prefab Homes, Inc. ( action for deceit ) contributory negligence David may have breached duty... It does not confer liability on Peter of harm coming about was foreseeable duty of reasonable care Mary! Exam writing will have, therefore, permanent returns loss of control to order the complete of. X is driving through the parking lot at a busy shopping mall, looking for a negligence exam question based. Unusual white blood cells d owns and operates a medical-testing laboratory, located in a State where the of! A negligence exam question ( based on the MBE format that directs the to. The accompanying exam answers may not have been foreseeable for this exam only you... Action for deceit ), lives at home with her mother, Mary in. Individuals can seek damages based on the issue of proximate cause 1955 ) answer: Conduct that presents...
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