This is a fascinating piece of social history, which will be of great interest to many family historians. its sueing for a breach of promise to marry Re: Breach Of Promise To Marry by RudySmith ( m ): 1:16pm On Nov 21 , 2012 ^^^ What u wrote is like saying that because someone wants to divorce u, they should be sued for not loving u forever as they say they would during marriage proceedings. Reviewed in the United Kingdom on 22 January 2014 'Breach of Promise to Marry' is the unique history of the little-known law that allowed a jilted person to claim … Rape by Fraud. The Last One Hundred Years of Breach of Promise Cases. Denise Bates uncovers over 1,000 forgotten cases of women who found very different endings to their fictional counterparts: Mary Ann Smith forged evidence of a courtship to entrap an Earl. Generally, an action for breach of promise to marriage is not considered as injury for a tortuous claim. No action may be brought upon any cause arising from . ‘ There are 3 possible defence that can be used in order to escape liability from the breach of promise to marry, which are; Misrepresentation of Fact In order to establish this defence, the parties in default must prove that he or she has entered into the contract to marry as a … This is a breach of contract action in which one of the intended parties to the marriage backed out; the other party sued for damages. To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request. m�*/�-3J8�iBR��'I� 0000012121 00000 n McEvers v W.L. 0000009421 00000 n Denise has written articles on a variety of topics for national magazines. Using court and newspaper reports, Bates puts the spotlight on a forgotten corner of social history. Examining the case law, and setting it next to the historical societal framework within which it operated, the author gives a comprehensive account of the rise and decline of the action. Future loss (Prospective damages);and 3. Breach of promise to marry actions were premised on the concept that a marriage proposal, if accepted, was a legally-cognizable contract. Cohabitation (living together) does not necessarily mean that a couple is engaged to marry. In the Court of the Queen's Bench on Wednesday, reported the Royston Crow on 17th February 1882, a case was heard before Mr Justice Lopes and a … This Q&A considers whether it is still possible to sue for breach of promise to marry. After getting the divorce he refused to marry the plaintiff and she brought this action, seeking damages for the breach of promise to marry. Jzv�٫Sc�d��K]�>���H)���E��F�f�E�N��h+2 0000007920 00000 n Fanny Kitchen v. William Hill - 28 March 1843. in the course of trying an action for breach of promise, commented that “it would be most mischievous to compel parties to marry who can never live happily t~gether”.~ 5. Something went wrong. 0000001933 00000 n It is thought there were approximately 3500 - 4000 breach of promise cases in England and Wales. If the parties to a contract to marry are incapable of creating a va… To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. 0000005411 00000 n Denise Bates read Modern History at St Anne's College, Oxford, specializing in the 1815-1914 period. 0000001226 00000 n ‘The court said that the breach of contract related to an agreement to marry, but the 1981 Family Law Act had abolished actions for breach of promise.’ ‘That is one of its most basic breaches of promise.’ According to this definition, consent is vitiated if it is given under a misconception of fact. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Breach of promise is a common law tort, abolished in many jurisdictions. In today’s more “modern” times, the jilted person can sue for damages for breach of promise to marry if the promise is broken off without just cause or good reason. New Delhi: The Supreme Court has held that every breach of promise to marry cannot be a false promise, making a man culpable under the rape charge if he has sexual relations with a woman. Breach of promise according to Black’s Law Dictionary then is “the violation of one’s word or undertaking, especially a promise to marry. Discrimination and Diversities: The Development of Breach of Promise 1780-1815 Artful and Abandoned Hussies: The Heyday of Breach of Promise 1816-1869 A Substitute for a Shotgun? Peppered with fascinating case studies and examples, this gripping book explores and explains the complicated world of broken promises of marriage and subsequent settlements within the social context of class differences and roles of women in society. Marguerite Kaye said.... As in most aspects of the law, Scotland went its own way, and only abolished breach of promise formally in 1984. The nature and form of an action for breach of a promise to marriage is contractual. It was also called breach of contract to marry, and the remedy awarded was known as heart balm. To get the free app, enter your mobile phone number. Florida: Fla. Stat. Were working-class women disadvantaged by the court system? . Breach of promise definition: (formerly) failure to carry out one's promise to marry | Meaning, pronunciation, translations and examples 0000001955 00000 n It need not to be evidenced by writing and the law prescribes no particular form of words. O’Neill. Were jilted grooms successful when they sued their reluctant brides? The scorned would-be spouse then sued the cheating Mr Cooper for fraud and breach of promise to marry. Waterford Standard – Saturday 02 August 1879 Julia McEvers The breach of promise to marry could either be in the form of non-performance or anticipatory breach. This fascinating account explores the true-life cases of the women who made their ‘Mr Right’ pay through the nose when he abandoned them – and those who failed to convince a judge and jury. Breach of Promise to Marry Research - Facts and Figures What the database contains. 0000002441 00000 n However, the remedies for an action of breach of promise to marry lie only in damages for the courts cannot decree specific performance of a promise to marry 21.This was the rationale for the court’s decision in Baker v. Breach of a Promise to Marry, 1882 By John Crawforth. its sueing for a breach of promise to marry Re: Breach Of Promise To Marry by RudySmith ( m ): 1:16pm On Nov 21 , 2012 ^^^ What u wrote is like saying that because someone wants to divorce u, they should be sued for not loving u forever as they say they would during marriage proceedings. the guy or girl don't love u, u leave. To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request. If a promise to marry is conditional, liability for its breach will arise only following the performance or occurrence of the agreed condition. Breach of promise to marry actions were premised on the concept that a marriage proposal, if accepted, was a legally-cognizable contract. When the breach of promise to marry has established, the parties in default is liable for the damages occurred as the result of breach. Archive • 28.03.2018 • Found in: Family. Denise Bates’ book ‘Breach of Promise to Marry’ sheds light on this little known law and explores the different ways in which it was used to claim for compensation after a seduction led to pregnancy; to exact revenge and financially ruin an ex-suitor; to illegally extort money in order to set up home with another lover; or simply to seek recompense for ‘hurt feelings’. Examining real cases of breach of promise, the author gives us a fascinating slice of social history, and an insight into a bygone moral code. Thistle was told to pay Mrs Anderson £100. A breach of promise may give rise to either of two distinct courses of action: The ‘innocent’ party may be entitled to sentimental damages if the repudiation was extremely rude and arrogant. It also analyses reviews to verify trustworthiness. In such cases court have often declined to grant relief for breach of contract if the party being sued for breach had made and then declined to perform a promise given in exchange for the performance of a pre-existing duty. Occasionally, however, litigation results from the failure of one of the parties to abide the modification or settlement. This new offence has been read into Section 375 of the IPC by using the definition of the word “consent” from Section 90 IPC. Its full of angry women having their revenge on cads and bounders. trailer << /Size 237 /Info 212 0 R /Root 215 0 R /Prev 569372 /ID[<70d831652b806bce4e2460073f6d6015><241e9a14f1e6ec2bb4a44aad17776f91>] >> startxref 0 %%EOF 215 0 obj << /Type /Catalog /Pages 202 0 R /PageLayout /SinglePage /OpenAction 216 0 R /ViewerPreferences << /CenterWindow true /DisplayDocTitle true >> /Metadata 213 0 R /AcroForm 217 0 R >> endobj 216 0 obj << /S /GoTo /D [ 218 0 R /Fit ] >> endobj 217 0 obj << /Fields [ ] /DR << /Font << /ZaDb 199 0 R /Helv 200 0 R >> /Encoding << /PDFDocEncoding 201 0 R >> >> /DA (/Helv 0 Tf 0 g ) >> endobj 235 0 obj << /S 723 /V 792 /Filter /FlateDecode /Length 236 0 R >> stream There may be non-performance where … 0000010651 00000 n AbeBooks.com: Breach of Promise to Marry: A History of How Jilted Brides Settled Scores (9781783030361) by Bates, Denise and a great selection of similar New, Used and Collectible Books available now at great prices. Approved third parties also use these tools in connection with our display of ads. Instead he decides to marry her to teach her a lesson. Breach of promise is a common law tort, abolished in many jurisdictions. Yet, cases have happened in Malaysia, such as Doris Rodrigues v Bala Krishnan; where Doris sued Bala for breach of promise to marry after Bala married someone else despite the fact that Doris lived with him as husband and wife for several years. Abolishment of the claim for prospective damages in case of breach of promise to marry. Who were the real ‘Miss Havishams’? Law Reform (Miscellaneous Provisions) Act 1970 1970 CHAPTER 33. Further details of the book and how to order it and her on-going research about breach of promise are available at her website www.denisebates.co.uk Catherine Kempsall shot the man who denied their engagement, Gladys Knowles was awarded a record GBP10,000 in damages by a jury in 1890, Daisy Mons discreetly negotiated a GBP50,000 settlement from a Lord Based on original research, this social history of breach of promise shows that when men behaved badly hell had no fury like a woman scorned! We use cookies and similar tools to enhance your shopping experience, to provide our services, understand how customers use our services so we can make improvements, and display ads. . Under the law, a man can be convicted of rape if it is established that he had sexual intercourse with a woman on the pretext of a false promise of marriage. Consequently, the contract is not only fulfilled by the ceremony of marriage but also when the parties cohabit and live in … Try again. Breach of Promise is a 1942 British romance film directed by Harold Huth and starring Clive Brook, Judy Campbell, C.V. France, Marguerite Allan and Percy Walsh.A playwright meets a young woman and she soon files a fake breach of promise action against him, hoping to receive a blackmail payment. Fascinating analysis of claims for breach of promise A comprehensive analysis of the history and legal precedent relating to the claim for breach of promise to marry. 0000001019 00000 n As for the legal position on breach of promise to marry, you can check: USO V. IKETUBOSIN (1975) WRNLR 187 MARTINS V. ADENUGBA (1946) 18 N.L.R 63 MABAMIJE V. OTTO (2016) LPELR 26058 (SC But you cannot just start shouting breach of promise to marry up and down when you decide to spend on a girl and she leaves you. Breach of Promise is a 1942 British romance film directed by Harold Huth and starring Clive Brook, Judy Campbell, C.V. France, Marguerite Allan and Percy Walsh.A playwright meets a young woman and she soon files a fake breach of promise action against him, hoping to receive a blackmail payment. The Decline of Breach of Promise 1870-1970; All the World's a Stage: The Legal System and Breach of Promise Escaping from the Spider's Web: Defences to Claims for Breach of Promise However there is several defence that can be used by the parties in default in order to escape liability. It serves as a warning to all those evil seducers not to meddle with women who may murder you if you don't do what's expected because if you don't you might get shot or bankrupted !!!!! Shop books, stationery, devices and other learning essentials. The person who sues only has to prove that there was a promise to marry. The mutual promises of the parties to marry constitute a sufficient consideration to make a binding contract. A contract to marry may be manifested by many promises made at different times; however, there is only a single contract, and only a single breach can take place. In about half of all U.S. states, a promise to marry is considered to be legally enforceable, so long as the promise or agreement fulfills all the basic requirements of a valid contract. And the discretion is not so absolute as to be independent of a consideration of the evidence. The strictness . 'Breach of Promise to Marry' gets the 'Your Family Tree Magazine's' Seal of Approval! breach of a promise to marry. The nature and form of an action for breach of marriage promise is contractual. The superior court dismissed the complaint for failure to … Is it still possible to sue for breach of promise to marry? Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. Prime members enjoy fast & free shipping, unlimited streaming of movies and TV shows with Prime Video and many more exclusive benefits. The day came but not the bridegroom...' While Dickens' embittered spinster Miss Havisham stopped all her clocks on her wedding day and 'never since looked upon the light of day', the reality was much brighter for thousands of jilted women. Buy this product and stream 90 days of Amazon Music Unlimited for free. E-mail after purchase. breach of her dignity and reputation. Your recently viewed items and featured recommendations, Select the department you want to search in. Reviewed in the United Kingdom on 18 April 2017. Breach of a Promise to Marry, 1882 By John Crawforth. Generally, the remedies for a breach of contract lie in law (damages) and in equity (specific performance, injuction). Occasionally, however, litigation results from the failure of one of the parties to abide the modification or settlement. In such cases court have often declined to grant relief for breach of contract if the party being sued for breach had made and then declined to perform a promise given in exchange for the performance of a pre-existing duty. The lady then went to court and sued for breach of promise to marry and the lower court held that the man had committed a breach of the promise and awarded the lady 2000 as damages.The court based its computation on two grounds that the chances of getting married had been impaired and secondly the injury posed to her feelings. Generalprinciples of contract allow for, once a contract is breached, theinnocent party to claim damages, most notably the followingheads: 1. The Breach of a promise to marry is the f lip-side from the original common law contract dispute that we have known as “breach of the promise to marry.” In the olden days, the common law contract that was breached occurred when, after an engagement, the man failed to follow through with marrying the woman he was engaged to. These rules relate to engaged couples. 'Breach of Promise to Marry' gets the 'Your Family Tree Magazine's' Seal of Approval! The action was for breach of promise of marriage, the damages being laid at £10,000. It is because of these false cases that actual rape cases, which Section 375 of the Indian Penal Code was enacted to address, were left pending for years. A breach of promise to marry, or simply, “breach of a promise,” occurs when a person promises to marry another, and then backs out of their agreement. 0000004186 00000 n The breach of promise to marry takes the form of an anticipatory breach where there is outright repudiation of obligation by a party, or by such conduct on … The defense was that the contract to marry was illegal and consequently not binding. Conditions apply. The one is the actio iniuriarum. To view the full document, sign-in or register for a free trial (excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance). She is the author of Pit Lasses: women and girls in coalmining c.1800-1914 (Pen & Sword, 2012). Plaintiff brought suit for breach of promise to marry, seeking damages for (1) direct pecuniary losses; (2) pain, impairment to health, humiliation, embarrassment; and (3) loss of the expected financial security of marriage. After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. Examining real cases of breach of promise, the author gives us a fascinating slice of social history, and an insight into a bygone moral code. The Court found that to hold a party accountable on a rigid contractual footing where such party failed to abide by a promise to marry did not reflect the changed mores or public interest. The scorned would-be spouse then sued the cheating Mr Cooper for fraud and breach of promise to marry. 0000001075 00000 n Examining the case law, and setting it next to the historical societal framework within which it operated, the author gives a comprehensive account of the rise and decline of the action. A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages. § 52-572b (2004). Reviewed in the United Kingdom on 31 January 2014. Unable to add item to List. 0000008184 00000 n At the Cork Assizes on Thursday, the following breach of promise case was commenced before Mr. Justice Barry and a special jury. Therefore, even though the mere breach of promise to marry is not an actionable right, you may still claim damages from your ex-boyfriend for calling off your wedding after all the preparations have been made as the same is contrary to good customs, which … This was an action upon a promissory note for £200, and for a breach of promise of marriage, and was tried at Nottingham, on Monday.The plaintiff was the daughter of a cottager, living near Kirton-in-Lindsey, in Lincolnshire, and at the time of the alleged promise of marriage, in 1839, was about twenty-five years of age. The real Miss Havisham's didn't mope in faded wedding finery - they hired lawyers and struck the first 'no-win, no fee' deals to sue for breach of promise. Sorry, there was a problem saving your cookie preferences. the social exaction from women in matters of marriage implies a : corresponding scrupulousness on the part of man; and any tres- • pass shonld be visited with.a penalty pro_portioned to the detriment ineurred.by a woman through any breach of the social law. In an action for breach of promise to marry, there can be no hard and fast rule of damages. Q&As. This requires that the ‘guilty’ party, in putting an end to the engagement, acted purposely wrongfully (a delictual action). the guy or girl don't love u, u leave. 0000012384 00000 n ‘The court said that the breach of contract related to an agreement to marry, but the 1981 Family Law Act had abolished actions for breach of promise.’ ‘That is one of its most basic breaches of promise.’ There's a problem loading this menu at the moment. Under English common law, an engagement to marry had the nature of a commercial contract, so if one party broke the engagement without justification, the innocent party was entitled to damages.” Is there any recourse available to the party who is at thereceiving end of a breach of promise to marry. It is worthunpacking what the law of contract says about breach. Is it still possible to sue for breach of promise to marry? Cheshire Life. A breach of promise may give rise to two distinct causes of action. Anti-Heart Balm statutes have prohibited lawsuits for damages for breach of promise to marry. You're listening to a sample of the Audible audio edition. Connecticut: Conn. Gen. Stat. Denise Bates is the author of Breach of Promise to Marry, A History of how Jilted Brides Settled Scores (Pen & Sword Books, £12.99). Instead, our system considers things like how recent a review is and if the reviewer bought the item on Amazon. If a promise to marry is conditional, liability for its breach will arise only following the performance or occurrence of the agreed condition. Reliefs (Damages) 4. 0000002264 00000 n These were questionable cases filed for vengeance, and had been running the courts’ time dry. In the fifty years up to 1900 there were approximately one thousand breach of promise actions that ended in court with a trial with judgement and damages awarded by a jury. She has investigated a range of cases to discover new information about what a claim for breach of promise meant to the Victorians. 1-Click ordering is not available for this item. Please try your request again later. ADAM J found in the Gauteng division that the breach of promise to marry brings about two causes of action: “ [ 15]. Fanny Kitchen v. William Hill - 28 March 1843. Breach of promise was a law in force between 1780 and 1970 under which a jilted man or woman could seek damages after a broken engagement, yet today it’s largely forgotten. © 1996-2020, Amazon.com, Inc. or its affiliates. Were the jilted brides who took their men to court artful hussies, predatory fortune-hunters or wronged women? Reviewed in the United Kingdom on 10 April 2014, Book was as advertised and prompt to arrive, Good service, Reviewed in the United Kingdom on 22 January 2014. In order to recover for breach of promise, the plaintiff must establish that the two parties had a valid existing contract to marry. From the 1790s right up to the 1960s, jilted women (and sometimes rejected suitors) employed a range of tactics to bring false lovers to book. %PDF-1.4 %���� H�b```e``9"���(���������I�**=����!D>�S1�f��,l���w�Y�,Rڪ'�����L�ު���z�"MW�H�\��>���M���i���f7�s�Y����]�DZ����)� �61MH Past or actual loss 2. The Court found that to hold a party accountable on a rigid contractual footing where such party failed to abide by a promise to marry did not reflect the changed mores or public interest. 'The marriage day was fixed, the wedding dresses were bought, the wedding tour was planned out, the wedding guests were invited. 0000006697 00000 n A promise to marry is a contract which consists of a mutual promise or agreement between a man and a woman competent to enter the agreement, to marry at a future date. The superior court dismissed the complaint for failure to … Cheshire Life. This was a substantial sum for a lodging-house keeper to be awarded for breach of promise. In the Court of the Queen's Bench on Wednesday, reported the Royston Crow on 17th February 1882, a case was heard before Mr Justice Lopes and a … So what was the state of breach of promise over the 100 years before the Law Commission looked into it in 1966? 0000002693 00000 n 214 0 obj << /Linearized 1 /O 218 /H [ 1226 729 ] /L 573782 /E 17964 /N 39 /T 569383 >> endobj xref 214 23 0000000016 00000 n The ‘innocent’ party is entitled to sentimental damages if the repudiation was contumelious… [16] Rape by a false promise to marry is an extension of the third category i.e. A Chartered Accountant by profession, her interests now relate to work in the voluntary sector, in support of local communities; and also writing and motherhood. Chapters. However, when the remedy claimed is in the nature of damages for breach, proceedings initiated is in the nature of tort [i]. The Breach of a promise to marry is the f lip-side from the original common law contract dispute that we have known as “breach of the promise to marry.” In the olden days, the common law contract that was breached occurred when, after an engagement, the man failed to follow through with marrying the woman he was engaged to. A contract to marry may be manifested by many promises made at different times; however, there is only a single contract, and only a single breach can take place. This was an action upon a promissory note for £200, and for a breach of promise of marriage, and was tried at Nottingham, on Monday.The plaintiff was the daughter of a cottager, living near Kirton-in-Lindsey, in Lincolnshire, and at the time of the alleged promise of marriage, in 1839, was about twenty-five years of age. Lady in Waiting: My Extraordinary Life in the Shadow of the Crown. This can be accomplished by a showing that both parties had a clear intent for the agreement to be binding. The court further found that it is not possible to claim prospective loss. The action for breach of promise, as it has evolved, reflects the refusal common law to draw any distinction between commercial and other types of agreement. Shedding Light on a Forgotten Aspect of Social History, Reviewed in the United Kingdom on 21 April 2014. 'Breach of Promise to Marry' is the unique history of the little-known law that allowed a jilted person to claim for damages after the breaking of an engagement. An agreement to marry is different from all other contractual relations. Breach of Promise to Marry: A History of How Jilted Brides Settled Scores, Choose from over 13,000 locations across the UK, Prime members get unlimited deliveries at no additional cost, Dispatch to this address when you check out, Pen & Sword Books Ltd; Illustrated edition (1 April 2014), Fascinating analysis of claims for breach of promise, Reviewed in the United Kingdom on 24 September 2018. This book frightens me. 0000000811 00000 n Denise Bates is the author of Breach of Promise to Marry published by Pen and Sword. In some instance sentimentaldamages In some instances, it is more practicable to place the innocentparty in the position he/she would have bee… There are no formal requirements regarding the contract. 0000012361 00000 n breach of her dignity and reputation. 0000010897 00000 n Instead he decides to marry her to teach her a lesson. Since the 1981 Act, you cannot take legal action for breach of promise following a broken engagement. 0000006449 00000 n Compensation for hurt feelings, ruined reputation, and marriage costs have also been given in the past. In the old days, the person who broke the promise could be forced to fulfil the promise to marry. 0000002951 00000 n There can be no action for breach of promise unless a contract to marry has been made. �5-�u҅�2���i;R4�ZV,��q�e��qݳPc���gvKȊ��.ʼn�9���L Z"�]�i�RI�\��٣���f�J֘2��Eһ���h��S��['��Ҵ8��b$f���Tu��bť.�/�>zʈ#�k�Ҥ@�#�ӌ�C&Nq�Xi��*��.n%s�gRg�� /�J�tyy�5�`�Ӟ�E% A comprehensive analysis of the history and legal precedent relating to the claim for breach of promise to marry. Please try again. On the way to Whitby Church to be married to Sarah Anderson in 1861, Thomas Thistle was met by two friends who enquired if he was mad and led him firmly away down the 199 steps from the church. Another 25% dealt with breach of promise to marry”. udx�y����q�RZ(\\\ Ăơ�@I0����P�b�д4��40ela3��B�4D3��5��` ��@� J�C�ThhR*H��aA gH�)K �� ��������F���8�A�V�%��g�����x�oS�Љ�Ul. § 771.01 (2005). The amount of damages to be given in a breach of promise to marriage is the court’s discretion. 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Many more exclusive benefits: 1 to his or her reputation his or reputation! The Audible audio edition piece of social history, which will be of great interest to family! Proposal, if accepted, was a problem saving your cookie preferences promise cases, system... Justice Barry and a special jury CHAPTER 33 case of breach of contract to marry Pit Lasses women. Necessarily mean that a marriage proposal, if accepted, was a legally-cognizable contract rating and percentage breakdown by,! For free scorned would-be spouse then sued the cheating Mr Cooper for fraud breach... A link to download the free Kindle App update or takedown request for paper. Party who is at thereceiving end of a promise to marry ” of! Researchers can explore the subject more fully of breach of promise, the wedding tour planned. Prohibited lawsuits for damages for breach of promise to marry Mr Cooper for fraud and breach of contract for! Cause arising from a range of cases to discover new information about what claim. Before Mr. Justice Barry and a special breach of promise to marry uk your cookie preferences, consent is vitiated if it is under... Two parties had a valid existing contract to marry Kindle device required a cause of for... Address below and we 'll send you a link to download the free App enter. Of Pit Lasses: women and girls in coalmining c.1800-1914 ( Pen & Sword, 2012.. There any recourse available to the Victorians of Amazon Music Unlimited for.. Act 1970 1970 CHAPTER 33 the feelings and health of the parties to marry is an extension of claim... Mr. Justice Barry and a special jury to submit an Update/Correction/Removal request filed vengeance...

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