Contract Law Indemnity Quiz
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Questions and Answers

What items were necessarily incurred under the contract for which indemnity could be claimed?

  • Loss of profit on the sale of the chickens
  • Cost of chickens
  • Vet’s bill
  • Rent paid to the defendants (correct)

    • What was the main reason for the claimant's request for an indemnity in the case discussed?

  • Contract breach
  • Damage to property
  • Fraudulent misrepresentation
  • Non-fraudulent misrepresentation (correct)

    • Which of the following costs could NOT be covered by the indemnity according to the content?

  • Rent paid to the defendants
  • Repairs carried out under the provisions of the lease
  • Medical expenses (correct)
  • Rates paid in accordance with the lease

    • When is an indemnity most likely to be claimed?

    <p>When damages are not available</p> Signup and view all the answers

    Which of the following losses could the claimant NOT claim indemnity for?

    <p>Loss of profit on the sale of the chickens</p> Signup and view all the answers

    What is a situation where silence may amount to misrepresentation?

    <p>When there is a fiduciary relationship</p> Signup and view all the answers

    Which type of contract is held to a standard of utmost good faith?

    <p>Insurance contracts</p> Signup and view all the answers

    In the case of Curtis v Chemical Cleaning and Dyeing, what type of misrepresentation was present?

    <p>Half-truth</p> Signup and view all the answers

    Which of the following describes a half-truth in advertising?

    <p>Stating only one owner was a lady while omitting previous owners</p> Signup and view all the answers

    What must a statement be, to qualify as misrepresentation?

    <p>A statement of fact</p> Signup and view all the answers

    Which situation may lead to a misrepresentation due to a change in circumstances?

    <p>Failure to disclose a drop in business profits</p> Signup and view all the answers

    What is generally true about silence in a contractual context?

    <p>It usually does not lead to misrepresentation</p> Signup and view all the answers

    Which factor is not an exception to the general rule about silence and misrepresentation?

    <p>Misleading advertising</p> Signup and view all the answers

    What must a claimant do to formally rescind a contract if the other party does not cooperate?

    <p>File an application for a formal order of rescission</p> Signup and view all the answers

    What is the primary aim of rescission in a contract?

    <p>To restore both parties to their pre-contract positions</p> Signup and view all the answers

    In the case of Car and Universal Finance Co Ltd v Caldwell, what action did the innocent party take?

    <p>Reported the incident to authorities and sought rescission</p> Signup and view all the answers

    What happens to ownership of the car when rescission is properly executed?

    <p>Ownership reverts to the original owner</p> Signup and view all the answers

    What should each party do if a contract is rescinded?

    <p>Return any money or property exchanged under the contract</p> Signup and view all the answers

    In the example provided, what amount was Zena still required to pay Keith for the car?

    <p>£500</p> Signup and view all the answers

    What is the primary aim of the court in cases of misrepresentation?

    <p>To restore the claimant to the position they would have been in if the misrepresentation had not been made.</p> Signup and view all the answers

    What can the effect of misrepresentation during a contract include?

    <p>The right to seek rescission</p> Signup and view all the answers

    What is one condition that prevents rescission of a contract?

    <p>Affirmation of the contract by the innocent party.</p> Signup and view all the answers

    Under which condition might a claimant not recover damages under section 2(1) of the Misrepresentation Act 1967?

    <p>If the defendant proves the statement was true.</p> Signup and view all the answers

    What must happen to the car if Zena rescinds her contract with Keith?

    <p>Zena returns the car to Keith</p> Signup and view all the answers

    How can affirmation of a contract be displayed?

    <p>Implied through behavior indicating continuation of the contract.</p> Signup and view all the answers

    What does undue delay refer to in the context of rescission?

    <p>The time that passes after discovering a misrepresentation.</p> Signup and view all the answers

    How is the recovery of damages for misrepresentation different from standard remoteness rules?

    <p>The usual remoteness rules do not apply, allowing recovery of all direct loss.</p> Signup and view all the answers

    What happens if rescission is barred by undue delay according to section 2(2) of the Misrepresentation Act 1967?

    <p>The court can award damages instead of rescission.</p> Signup and view all the answers

    In the case of Leaf v International Galleries, what contributed to the failure of the claimant's rescission claim?

    <p>The claimant's delay in discovering the truth about the painting.</p> Signup and view all the answers

    When does time for an innocent party begin to run concerning a misrepresentation?

    <p>When the misrepresentation should have been discovered.</p> Signup and view all the answers

    When providing advice to a client regarding a false preliminary statement, what should be the primary focus?

    <p>Classifying the statement to see if it is actionable and determining possible outcomes.</p> Signup and view all the answers

    Which of the following is a potential consequence of affirming a misrepresented contract?

    <p>Requirement to fulfill the contract terms.</p> Signup and view all the answers

    What primarily differentiates fraudulent misrepresentation from other types in relation to rescission?

    <p>Time runs from when the misrepresentation was discovered rather than when it could have been discovered.</p> Signup and view all the answers

    Which statement best reflects the concept of rescission?

    <p>It allows a party to void a contract due to misrepresentation.</p> Signup and view all the answers

    What must a party prove to allege fraudulent misrepresentation?

    <p>The false representation was made knowingly or recklessly.</p> Signup and view all the answers

    In the case of fraudulent misrepresentation, how are damages typically assessed?

    <p>Using tort principles to determine the actual loss.</p> Signup and view all the answers

    Why can damages for fraudulent misrepresentation be more extensive than typical tort damages?

    <p>Due to remoteness rules not applying in these cases.</p> Signup and view all the answers

    What was the primary issue in the case of East v Maurer?

    <p>Competition arising from a false statement about intentions.</p> Signup and view all the answers

    What can be a challenge in proving fraudulent misrepresentation?

    <p>The possibility of contradictory witness statements.</p> Signup and view all the answers

    What would East have done if he had not relied on the false statement made by Maurer?

    <p>He would have chosen a different salon to invest in.</p> Signup and view all the answers

    Which principle does the court aim to achieve when assessing damages for misrepresentation?

    <p>Positioning the claimant as if the misrepresentation had never occurred.</p> Signup and view all the answers

    What is a key characteristic of a statement made honestly in the context of fraudulent misrepresentation?

    <p>It cannot be considered fraudulent under any circumstances.</p> Signup and view all the answers

    What distinguishes the statement made by the seller in Smith v Land and House Property Corporation from that made in Bisset v Wilkinson?

    <p>The seller in Smith did not have reasonable grounds for the statement.</p> Signup and view all the answers

    Under what condition might a statement of opinion lead to misrepresentation?

    <p>When the opinion-maker knows facts that contradict their statement.</p> Signup and view all the answers

    Which of the following items could be claimed for indemnity under the lease obligations?

    <p>Rent paid to the defendants</p> Signup and view all the answers

    In the context of misrepresentation, what determines whether a statement of intention can be deemed misleading?

    <p>If it can be shown that the intention was never held.</p> Signup and view all the answers

    What was the true purpose of the loan in Edgington v Fitzmaurice that constituted misrepresentation?

    <p>To pay off existing company debts.</p> Signup and view all the answers

    Which of the following conditions makes an indemnity claim more likely to be sought?

    <p>Absence of rights to damages for non-fraudulent misrepresentation</p> Signup and view all the answers

    What primary factor differentiates a statement made in Smith from an opinion expressed in Bisset?

    <p>The unequal knowledge of important facts between the parties.</p> Signup and view all the answers

    What is the primary distinction regarding losses incurred under the lease in the context of indemnity claims?

    <p>Only losses explicitly listed in the lease are considered</p> Signup and view all the answers

    Why did the claimant in Whittington v Seale-Hayne seek an indemnity rather than damages?

    <p>The misrepresentation was not made under fraudulent conditions</p> Signup and view all the answers

    What implication arises when a person who knows the true facts makes a statement of opinion?

    <p>It implies an assurance of the accuracy of their opinion.</p> Signup and view all the answers

    Which of the following statements about the claimant's losses is correct regarding indemnity claims?

    <p>Expenses for repairs made under the lease can be indemnified.</p> Signup and view all the answers

    Which legal principle was highlighted in the case of Smith v Land and House Property Corporation?

    <p>Knowledge of relevant facts affects the nature of a statement made.</p> Signup and view all the answers

    In legal terms, what aspect should be considered when assessing misrepresentation in intentions?

    <p>The honesty of the intention disclosed.</p> Signup and view all the answers

    What effect does the Royscot case have on the tort of deceit?

    <p>It reduces the importance of establishing fraud.</p> Signup and view all the answers

    In the case of Howard Marine & Dredging v Ogden, why did the defendant fail to prove their defense?

    <p>They did not consult the ship's documents.</p> Signup and view all the answers

    What must the claimant establish to receive damages under section 2(1) of the Misrepresentation Act 1967?

    <p>That a misrepresentation caused loss.</p> Signup and view all the answers

    What perspective did Lord Steyn express regarding morally innocent individuals in his judgment?

    <p>They can be treated as guilty when assessing damages.</p> Signup and view all the answers

    What does section 2(1) of the Misrepresentation Act 1967 state regarding the burden of proof?

    <p>The burden is on the defendant to disprove liability.</p> Signup and view all the answers

    What made the defendant's reliance on Lloyd's Register questionable in Howard Marine & Dredging v Ogden?

    <p>The capacity was significantly misrepresented.</p> Signup and view all the answers

    What implication does Balcombe LJ's interpretation suggest regarding expressing views in court?

    <p>Judges can present an interpretation without concluding opinions.</p> Signup and view all the answers

    How does the measure of damages differ under section 2(1) compared to tort of deceit?

    <p>Damages are assessed as if fraud was proven.</p> Signup and view all the answers

    What defines a representation in the context of contract law?

    <p>A statement made by one party that induces another but is not part of the contract.</p> Signup and view all the answers

    Which element, when false, allows for a remedy for breach of contract?

    <p>An express term.</p> Signup and view all the answers

    What is the likely initial focus when a false preliminary statement is made in a commercial contract?

    <p>The validity of an exclusion clause.</p> Signup and view all the answers

    Which type of statement does NOT generally allow for any right of action?

    <p>A mere puff.</p> Signup and view all the answers

    What typically influences the decision-making process regarding liability for false preliminary statements in contracts?

    <p>The explicit terms of the contract.</p> Signup and view all the answers

    In which scenario is a false preliminary statement likely to be actionable?

    <p>When it is proven to have induced the other party to enter the contract.</p> Signup and view all the answers

    What is the primary purpose of distinguishing between types of false statements in contract law?

    <p>To establish whether a remedy is available.</p> Signup and view all the answers

    Which of the following best describes a 'mere puff' in the context of contract negotiations?

    <p>An extravagant claim that is not meant to be taken literally.</p> Signup and view all the answers

    Under section 2(1), when can a party to a contract claim damages?

    <p>When a misrepresentation has been made by a contracting party</p> Signup and view all the answers

    What is required for the defendant to avoid liability under section 2(1)?

    <p>Demonstrating honest belief in the truth of the representations</p> Signup and view all the answers

    How does the liability under section 2(1) compare to the tort of deceit?

    <p>It allows for recovery of all losses regardless of foreseeability</p> Signup and view all the answers

    What does the phrase 'so liable' in section 2(1) imply according to Balcombe LJ's interpretation?

    <p>The defendant is liable as if the misrepresentation had been fraudulent</p> Signup and view all the answers

    What type of damages is associated with negligent misrepresentation under section 2(1)?

    <p>Compensation for reasonably foreseeable losses</p> Signup and view all the answers

    What is the legal consequence if a misrepresentation is made by a party who did not have reasonable grounds to believe it was true?

    <p>They will be liable for damages under section 2(1)</p> Signup and view all the answers

    Which of the following best describes a claimant's burden of proof when alleging misrepresentation under section 2(1)?

    <p>The claimant must establish that a misrepresentation occurred</p> Signup and view all the answers

    What is the primary purpose behind the introduction of section 2(1) regarding damages for negligent misrepresentation?

    <p>To ensure that damages for negligent misrepresentation are easily recoverable</p> Signup and view all the answers

    What is required for a statement to qualify as a misrepresentation?

    <p>The statement must induce the other party to enter the contract.</p> Signup and view all the answers

    Which aspect is NOT essential when establishing a claim for misrepresentation?

    <p>The statement must be made in writing.</p> Signup and view all the answers

    What may bar Michael from rescinding the contract after a six-month delay?

    <p>Undue delay in asserting the right to rescind.</p> Signup and view all the answers

    What must Andrea demonstrate to avoid liability under section 2(1) of the Misrepresentation Act 1967?

    <p>That she had reasonable grounds to believe her statements were true.</p> Signup and view all the answers

    Which of these conditions could compromise Michael's claim of misrepresentation against Andrea?

    <p>Michael relied solely on his friend Carol's statements.</p> Signup and view all the answers

    What is the effect of misrepresentation on a contract?

    <p>It makes the contract voidable at the election of the misled party.</p> Signup and view all the answers

    Which of the following scenarios would most likely support a claim for damages without rescission?

    <p>Michael relied on Andrea's assertions for more than six months.</p> Signup and view all the answers

    In the context of misrepresentation, which statement is a characteristic of a fraudulent misrepresentation?

    <p>It requires the claimant to prove the defendant's dishonesty.</p> Signup and view all the answers

    What was the court's reasoning for not rescinding the variation due to economic duress?

    <p>Payment was made under pressure, but market conditions had changed.</p> Signup and view all the answers

    What key factor must be established to prove duress in a contract variation?

    <p>The threat must leave the innocent party with no practical choice.</p> Signup and view all the answers

    Why was the claimants' payment ultimately regarded as affirmation of the contract?

    <p>They waited too long to question the payment's legitimacy.</p> Signup and view all the answers

    Which outcome does economic duress primarily lead to regarding contracts or variations?

    <p>It makes the contract or variation voidable.</p> Signup and view all the answers

    What is indicated by the delay in the claimants' request for a return of the extra payment?

    <p>It indicates their acceptance of the shipbuilders' terms.</p> Signup and view all the answers

    In the context of the case discussed, what could have been a wise strategy for the ship owners after delivery?

    <p>Not paid the extra fee and claimed duress if sued.</p> Signup and view all the answers

    Which legal principle is essential to establish when proving economic duress?

    <p>An illegitimate threat must be shown.</p> Signup and view all the answers

    What impact does economic duress have on the contracts involved?

    <p>Only the part of the contract influenced by duress is voidable.</p> Signup and view all the answers

    What is essential for a party to rescind a contract based on duress?

    <p>The duress can be one of several reasons for entering the contract.</p> Signup and view all the answers

    Which of the following best describes the limitations of duress in contract law?

    <p>It does not apply to ordinary commercial pressure.</p> Signup and view all the answers

    In the context of duress and undue influence, which scenario would NOT typically constitute duress?

    <p>Offering a financial incentive contingent on signing a contract.</p> Signup and view all the answers

    What must be demonstrated for a claim of undue influence to be valid in a contractual context?

    <p>There was an improper pressure influencing the consent.</p> Signup and view all the answers

    What implication does the case of Barton v Armstrong have for understanding duress?

    <p>Threats do not need to be the only reason for entering the contract.</p> Signup and view all the answers

    What was the basis of Kafco's successful defense against the claim for extra payment?

    <p>The agreement was obtained under economic duress.</p> Signup and view all the answers

    Why did Kafco argue that Atlas Express had given no consideration for its promise of extra money?

    <p>Atlas was merely fulfilling an existing contract.</p> Signup and view all the answers

    Which condition would most likely classify a contract as voidable due to undue influence?

    <p>An emotional bond exists between the parties involved.</p> Signup and view all the answers

    Under what condition can the principle established in Williams v Roffey not apply?

    <p>When the promise is obtained through fraud or duress.</p> Signup and view all the answers

    What role does consideration play in contracts affected by duress or undue influence?

    <p>Consideration can be deemed inadequate in contexts of improper pressure.</p> Signup and view all the answers

    What distinguishes economic duress from traditional duress in contract law?

    <p>Economic duress focuses on improper financial pressure.</p> Signup and view all the answers

    What aspect of economic duress is emphasized by early cases?

    <p>It must involve coercion that vitiates consent.</p> Signup and view all the answers

    What was the consequence of Kafco's agreement being obtained by illegitimate pressure?

    <p>The renegotiation was rendered voidable.</p> Signup and view all the answers

    Which case established the principle that performing an existing contractual obligation can be considered good consideration under certain conditions?

    <p>Williams v Roffey.</p> Signup and view all the answers

    What is a significant distinction between cases of economic duress and cases where consent is absent?

    <p>The consent in duress cases is not genuine due to pressure.</p> Signup and view all the answers

    How does economic duress affect the renegotiation of a contract?

    <p>It renders the renegotiation voidable.</p> Signup and view all the answers

    What is the primary consequence of a contract being deemed voidable due to undue influence?

    <p>The contract can be set aside by the affected party.</p> Signup and view all the answers

    In cases of economic duress in a commercial context, what burden does the innocent party carry?

    <p>They must establish that they had no alternative but to agree.</p> Signup and view all the answers

    What role does a solicitor's confirmation play in cases of alleged undue influence?

    <p>It serves as proof that the party was not under undue influence.</p> Signup and view all the answers

    What must a lender establish if there is a non-commercial relationship between the debtor and the surety?

    <p>The lender must have reasonable grounds to suspect undue influence.</p> Signup and view all the answers

    What is one key distinction between duress and undue influence in contract law?

    <p>Duress can be a direct threat, while undue influence is often subtle.</p> Signup and view all the answers

    What is the potential liability of a finance company in cases where undue influence is established?

    <p>It may only pursue the original debtor as an unsecured creditor.</p> Signup and view all the answers

    Which of the following conditions allows a surety to rescind a surety agreement?

    <p>There was actual or presumed undue influence present.</p> Signup and view all the answers

    What is implied by the concept of 'constructive notice' for a lender?

    <p>The lender had an obligation to inquire about potential undue influence.</p> Signup and view all the answers

    In what scenario might the presumption of undue influence be rebutted?

    <p>If no relationship of trust existed between parties.</p> Signup and view all the answers

    What action should a lender take if they are considered 'on inquiry' regarding undue influence?

    <p>Conduct a thorough investigation to confirm the absence of undue influence.</p> Signup and view all the answers

    What is the default consequence if a lender does not take reasonable steps following the identification of undue influence?

    <p>The surety may successfully rescind the agreement.</p> Signup and view all the answers

    What does the term 'actual undue influence' refer to in this context?

    <p>Influence that can be proven with clear evidence.</p> Signup and view all the answers

    What is typically assessed when considering the position of a bank concerning undue influence?

    <p>Whether the bank had any actual or constructive notice of undue influence.</p> Signup and view all the answers

    What is the main legal issue George faces regarding the increase in the delivery charge?

    <p>Lack of consideration for the additional payment</p> Signup and view all the answers

    Which case illustrates the principle that existing contractual obligations cannot serve as sufficient consideration for a new contract?

    <p>Stilk v Myrick</p> Signup and view all the answers

    Given the circumstances, what would likely be deemed inadequate consideration in George's situation?

    <p>George agreeing to pay more only after Mercator threatened to cancel</p> Signup and view all the answers

    What element of contract law is fundamentally tested by George’s acceptance of Mercator's new terms?

    <p>The requirement for contractual intention to be proven</p> Signup and view all the answers

    What does the term 'consideration' refer to in the context of contract law?

    <p>The price one party pays for another's promise</p> Signup and view all the answers

    If George were to pursue reclaiming the extra £200, which argument is least likely to support his case?

    <p>George had no alternative but to accept the new terms</p> Signup and view all the answers

    In the context of variations to a contract, which aspect must be established for the variation to be valid?

    <p>Sufficient consideration must be present for the promise</p> Signup and view all the answers

    What could be a significant consequence of George's acceptance to pay the extra £200?

    <p>It may hinder his chances to contest the increase later</p> Signup and view all the answers

    Study Notes

    False Preliminary Statements

    • Learning Outcomes:
      • Distinguish types of pre-contractual statements.
      • Apply court guidelines regarding misrepresentation.
      • Understand the relationship between contract and tort law, referencing misrepresentation and breach of contract actions.

    False Preliminary Statements Made by a Contracting Party

    • Pre-contractual statements can be:

      • Mere puffs (exaggerated claims, no legal action).
      • Express terms (part of the contract, breach of contract remedies apply).
      • Representations (statements inducing contract, but not part of it; if untrue, possible misrepresentation).

    • Understanding these distinctions is crucial in contract law, especially in cases involving significant financial value.

    • A false preliminary statement may be actionable if it amounts to a breach of an express term or a misrepresentation.

    • Parties in high-value contracts often seek assurances about what they are purchasing.

    • Exclusion clauses limiting liability for false preliminary statements are common in commercial contracts; these clauses are subject to the reasonableness test under UCTA 1977.

    Distinguishing Between Terms and Representations

    • Primary test for determining statement type is common intention of parties at contract formation.
    • Court considers factors like:
      • Party with greater skill or knowledge in subject matter (expert to non-expert statements; Oscar Chess Ltd v Williams, Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd).
      • Verbal statements repeated in the written contract.
      • Clarity of statement's importance to recipient (emphasizing statement; Bannerman v White).
      • If party requested verification of the statement (e.g., requesting a survey; Ecay v Godfrey, requesting a survey).
      • Time duration between the statement and contract (longer time suggests representation; Routledge v McKay).
    • Verbal statements repeated in a written contract prior to agreement are strong evidence as terms.
    • If the recipient emphasizes the statement's significance, it's more likely a contractual term.
    • If the statement maker encourages verification or the recipient requests verification, the statement is likely a representation.
    • Longer time intervals between statement and contract suggest a representation. An example is Routledge v McKay (1954).
    • A statement made by a party with superior knowledge is more likely to be a term. Conversely, a statement by a party lacking specific knowledge is more likely a representation.

    Misrepresentation

    • Misrepresentation is a false statement, made before contract and inducing contract, that's actionable.
      • Statement can be oral, written, or by conduct (e.g., Spice Girls v Aprilia).
    • Silence is generally not a misrepresentation, but exceptions exist if:
      • Fiduciary relationship exists (e.g., solicitor/client).
      • Contract demands utmost good faith (e.g., insurance).
      • Half-truth distorts a previous statement (e.g., Curtis v Chemical Cleaning and Dyeing; a previous statement is distorted because a critical part of the statement was omitted).
        • A change in circumstance that renders a previously true statement now untrue (With v O'Flanagan).
    • Statement must be a fact, not an opinion, unless the opinion lacks a reasonable basis or is made by someone with superior knowledge (Smith v Land & House Property Corporation, Bisset v Wilkinson).
    • The statement must induce the party to enter into the contract (Edgington v Fitzmaurice, Attwood v Small).

    Burden of Proof

    • The party alleging misrepresentation bears the burden of proof.

    Remedies for Misrepresentation

    • Rescission:
      • Contract voidable, subject to rescission notice.
      • If rescission is sought, parties return to pre-contractual positions (e.g., return of money, goods).
      • Bars to rescission:
        • Bona fide purchaser of contract asset before rescission.
        • Affirmation (implied or explicit acceptance of the contract).
        • Undue delay in pursuing rescission (Leaf v International Galleries).
        • Restitution (return to original state) is impossible.
    • Damages:
      • Possible remedy if a misrepresentation was fraudulent or negligent (s. 2(1) Misrepresentation Act 1967).
      • Fraudulent misrepresentation - damages for all reasonably foreseeable losses (Derry v Peek).
      • Non-fraudulent misrepresentation s. 2(1) MA 1967 - damages for reasonably foreseeable losses unless the defendant acted in good faith at the time (Royscot Trust Ltd v Rogerson, Smith New Court Ltd v Scrimgeour Vickers Ltd).
      • Damages can be awarded in lieu of rescission under s. 2(2) if it is equitable to do so.

    Negligent Misstatements

    • Potential for a suit based on negligent misstatement if damages result (Hedley Byrne & Co Ltd v Heller & Partners Ltd). Generally, pure economic loss is not recoverable in a negligence case unless a special relationship exists (e.g., expert giving advise relying on information they supply).

    Conclusion

    • Key points: Identify contract existence, classify false statements (terms vs representations), assess misrepresentation (and its proof), consider remedies, especially rescission and damages, and negligent misstatements. Consider if an exclusion clause exists. Also, consider the circumstances to determine whether it is a term of the contract or a mere representation. Be mindful of any potential procedural time constraints.

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    Related Documents

    False Preliminary Statements PDF
    Duress and Undue Influence in Contract Law PDF

    Description

    Test your knowledge on contract law and indemnity provisions. This quiz covers essential concepts including misrepresentation, utmost good faith contracts, and the nuances of claiming indemnity. Dive in to solidify your understanding of key legal principles.

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