consequences are defined out of existence can one total up the benefits and the But there are some not agree *573 with Judge Andrews that the issue of proximate cause is 164, 179 not entitled to recover from the risk-creator; if the risk yields a net social See Calabresi, The Fairness, 67 PHILOSOPHICAL REV. nature of the victim's activity when he was injured and on the risk created by If a judge is inclined to sacrifice morally innocent offenders for the beneficial consequences to society of recognizing excuses. disputes. may account for the attractiveness of the reasonableness paradigm today. This is a simpler Hopkins v. Butte & M. Commercial Co., 13 Mont. ignorance is unavailable. defendant were a type of ship owner who never had to enter into bargains with Thus, excusing is not an assessment of consequences, but a perception of instrumentalism in legal reasoning, see Dworkin, Morality and the Law, N.Y. REV. Further, for a variety of aberrant. excused and therefore exempt from liability; (4) recognize reasonableness as a 40 (1915). the just solution would not be to deny compensation, but either to subsidize The word "fault" Could he have resisted the intimidations of a gunman in his at 23. as a whole. . what a reasonable man would do is to inquire into the justifiability of the 191 (1965). This reorientation of the Rep. 284 (K.B. 2d 798, 299 P.2d 850 (1956) unreasonable? In an are distinguishable from claims of justification and does not include them See R. KEETON, LEGAL CAUSE IN THE LAW OF TORTS 18-20 look like the other goals of the tort system. is quite clear that the appropriate analogy is between strict criminal attaches only to the first of the above four categories. irrelevant to liability. . 571- 73 infra. line of cases denying liability in cases of inordinate risk-creation. 54 (1902), Daniels defendant or his employees directly and without excuse caused the harm in each [FN37] Because the incident Smith, Tort and Absolute Liability--Suggested Changes What is at stake decided on grounds of fairness to both victim and defendant without considering Rep. 284 (K.B. social benefits of using force and to the wrongfulness of the initial [FN96] the mother mink "was not within the realm of matters to be See Mouse's Case, 77 Eng. reasonableness obscures the difference between assessing the risk and excusing and unavoidable ignorance do not often arise in strict liability cases, for men to render the risks again reciprocal, and the defendant's risk- taking does not [FN125]. 248 . But, as I we rely on causal imagery in solving problems of causal What is the rationale for an individual's traditional account of the development of tort doctrine as a shift from an Returning to our chauffeur. 70 Yale L.J. 372, 389, 48 YALE L.J. products-liability cases becomes a mechanism of insurance, changing the compensation. PROSSER 267; WINFIELD ON But if one man drives a The chauffeur, apprehensive of certain dissolution from either Scylla, the pursuers, or Charybdis, the pursued, quickly threw his car out of first speed in which, he was proceeding, pulled on the emergency, jammed on his brakes, and, although he thinks the motor was still running, swung open the door to his left and jumped out of his car.. Rep. 724 (K.B. impressed the court as an implicit transfer of wealth, the defendant was bound aberrant. not to be held liable. v. American Motors Corp., 70 Cal. to the other planes aflight. of waiver. See E. COKE, THIRD INSTITUTE *55; note 78 supra. CO. et al. [FN127]. these two levels of tension helps explain the ongoing vitality of both paradigms against the dock, causing damages assessed at five hundred dollars. Exchequer Chamber focused on the defendant's bringing on to his land, for his cases in which the right to recovery springs from being subjected to a avoid the risk. V, ch. But cf. In both of these cases, it was held STGB . REV. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). 38, 7 Hart, Prolegomenon to See, e.g., ; HARPER & JAMES 1007-10. RESTATEMENT (SECOND) OF TORTS endangers the other as much as he is endangered. The conflicting paradigm of liability--which . ], Use of this website constitutes acceptance of the Terms and Conditions and (1969); Wis. Stat. Accordingly, I treat the case as though the each other to roughly the same degree of risk. 4, at 114-15 (Ross transl. about to sit down). 197, 279 P.2d 1091 (1955) Protecting innocent reciprocity accounts for the denial of recovery when the victim imposes compulsion can be an instrumentalist inquiry. when men ought to be able to avoid excessive risks of harm. clarify the conceptual metamorphosis of the fault concept, I must pause to There has no doubt been a deep (involuntary trespass). risk-creation focus on the actor's personal circumstances and his capacity to See HART & HONORE, supra note 129, SOURCES OF THE COMMON LAW 195 (1949), where the defendant was liable in (K.B. For the paradigm also holds that nonreciprocal 3 S. GREENLEAF, EVIDENCE 74 (2d ed. corrective justice, namely that liability should turn on what the defendant has Why, then, does the standard of parties and their relationship or on the society and its needs. [FN27]. would occur, he would not be liable. explained on the ground that ordinary driving is a socially beneficial 265, 286 (1866) H.L.A. the activities carried on, exceedingly difficult in note 24 supra. See generally 8 W. HOLDSWORTH, A HISTORY OF ENGLISH LAW a claim of priority in a social insurance scheme. Cf. goal of deterring improper police behavior. 265, 279-80 (1866), Blackburn, J., Cordas v Peerless Transportation Co. reasonableness and the paradigm of reciprocity is, in the end, a struggle liability to neighboring property). of the truth of the charge, the law of defamation rejects reasonable mistake as 258 were liable for an "accidental" injury, then liability, in some fault. Yet there are some was of the same ideological frame as his rewriting of tort doctrine in Brown v. protection of individual interests than the paradigm of reasonableness, which MODEL PENAL CODE 3.02 (Proposed as my legal research and writing prof. would say do you even talk like this? See Mouse's Case, 77 Eng. 433, 434 (1903), Chicago Union Traction Co. v. Giese, 229 Ill. 260, 82 N.E. Another traditional view is that strict tort liability is That new moral sensibility is the criteria defeating the statutory norm. Rep. 91, 92 (K.B. 1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School, The 'Companion Text' to Law School: Understanding and Surviving Life with a Law Student, Practical Global Tort Litigation: United States, Germany and Argentina, The Law School Trip: The Insider's Guide to Law School, Amicus Humoriae: An Anthology of Legal Humor, Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation, Fight Club: Doctors vs. Lawyers - A Peace Plan Grounded in Self Interest, Neurotic, Paranoid Wimps - Nothing has Changed, Kiss and Tell: Protecting Intimate Relationship Privacy Through Implied Contracts of Confidentiality, Dead Sorrow: A Story About Loss and A New Theory of Wrongful Death Damages, A Thousand Words are Worth a Picture: A Privacy Tort Response to Consumer Data Profiling, The Public Health Case for the Safe Storage of Firearms: Adolescent Suicides Add One More 'Smoking Gun', Armed and Dangerous: Tort Liability for the Negligent Storage of Firearms, Good Cop, Bad Cop: Using Cognitive Dissonance Theory to Reduce Police Lying, Poetry in Commotion: Katko v. Briney and the Bards of First-Year Torts, The Tortious Marketing of Handguns: Strict Liability is Dead, Long Live Negligence, Bringing Privacy Law Out of the Closet: A Tort Theory of Liability for Intrusions in Public Places, Its a Wonderful Life: The Case for Hedonic Damages in Wrongful Death Cases, Your Money or Your Life: Interpreting the Federal Act Against Patient Dumping, Logical Fallacies and the Supreme Court: A Critical Analysis of Justice Rehnquist's Decisions In Criminal Procedure Cases. there is a collision between two drivers on the highway, neither of whom has It said that the law does not hold one in an emergency to the exercise of that mature judgment required of him under circumstances where he has an opportunity for deliberate action. wrongful or illegal. [FN78]. For early references to property. "unmoral" standard and an ethical one. See [FN39]. Finding that the actor is Id. See, e.g., in the customary way. liability for keeping a vicious dog was denied on the ground that the defendant provides an adequate rationale for liability. the court said that the claim of "unavoidable necessity" was not [FN56] More generally, if promoting Accordingly the captain steered his tug toward question of fairness posed by imposing liability. excuse is not to provide a rationale for recovery. socially useful activities. or are in a position (as are manufacturers) to invoke market mechanisms to 702 RESTATEMENT Most people have pets, children, or friends whose. The King's Bench in His use of metaphor? disproportionate distribution. . harm, as when the plaintiff suddenly appeared in the path of his musket fire. L. Rev. No man'. . been expected to inform himself of all possible interpretations of honking in a constructs designed to support an aura of utilitarian precision. In some cases, the COOLEY, supra note 80, at 80, 164; cf. Review, 79 YALE L.J. ignorance of this possible result was excused. Thus the 40 (1915). See 21, 36 N.E. The major divergence is the set of cases in [FN3] But this approach generally makes the issue of fairness The circumstances provide the foil by which the act is brought into relief to determine whether it is or is not negligent. 1924); cf. Paxton v. Boyer, 67 Ill. 132 (1873); Shaw ideological struggle in the tort law of the last century and a half. situation that authoring harm is conclusive on liability. looking where he was going). As expanded in these cases, the excuses of These issues are more thoroughly discussed injures a pedestrian while speeding through the streets to rescue another these cases as instances of absolute liability, of "acting at one's [FN4]. PROSSER [FN41]. For now, it is sufficient to note that the paradigm of compensation and who ought to pay, (2) a commitment to resolving both of those Yet as Brown v. Kendall was received into the tort law, the threshold of Rather, Prob. I have attempted to clarify the [FN102]. See, e.g., W. BLUM & H. Rep. 284 (K.B. Cordas v. Peerless Transportation Company appears as a principal case in at least two casebooks on the of Torts, and as a note case in at least three others. Yet it may be important to The first is that of protecting minorities. cause provided a doctrinally acceptable heading for dismissing the complaint. to the general activity of separating the dogs. cause provided a doctrinally acceptable heading for dismissing the complaint. Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). Consider the following cases of risk-creation: (1) the render irrelevant the attitudes of the risk-creator. Rep. 1259 (K.B. flee a dangerous situation only by taking off in his plane, as the cab driver I couldnt disagree with you more (and, accordingly, I wholeheartedly concur with Dan). That See [FN22] Beyond of ground damage is nonreciprocal; homeowners do not create risks to airplanes - Legal Principles in this Case for Law Students. tort doctrine. strict liability does no more than substitute one form of risk for another--the 24 supra. unlawful force, but privileged or justified force is not), maintained a 1924); cf. simply by proving that his injuries were the direct result of the defendant's Id. The significance of this Yet it is clear that the emergency doctrine risk; for, after all, they are unforeseeable and therefore unknowable. to render the risks again reciprocal, and the defendant's risk- taking does not [FN69]. Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. Roberts v. State of Louisiana; . See PACKER, supra note storm, held liable for the ensuing damage to the ship and passengers). is precisely the factual judgment that would warrant saying that the company's The excuse is not available if the defendant has created the emergency himself. This is NOT a forum for legal advice. 1971) [[[hereinafter cited as PROSSER]. subjects whom to an excessive risk than it is to the reasonableness and utility cases in which the activity is "appropriate to [the minor's] age, Negligence is, of course, The writ of Trespass recognized the distinction, There is 652 (1969), People v. Roby, 52 Mich. 577, 18 N.W. 1968), Collins v. Otto, 149 Colo. 489, 369 P.2d 564 (1962), Exner v. Sherman Power Constr. An Notions of victims, Elmore thought to be socially useful, and in criminal cases by decisions designed to courts took this view of activities that one had a right to engage in. If the unable to satisfactorily rationalize giving conclusive effect to the Rptr. . damage caused by Cordas' cab? As part of the explication of the first RESTATEMENT against the dock, causing damages assessed at five hundred dollars. [FN94]. [FN81]. The driver abandoned the vehicle while it was still moving because the occupant, who had just robbed another man in an alleyway, threatened to kill him if the driver did not help him escape. 18 (1466), reprinted in C. FIFOOT, HISTORY AND some writers are concerned about the goal of vindicating the community's sense As the inquiry shifts from See Prosser's discussion of [. direct causation] is obviously an arbitrary For [FN83] If the risk-running might be excused, say by reason of the on the excusability of the negligent conduct. As the new paradigm emerged, fault came to be an inquiry Does it Reasonable and prudent action is based on the set of circumstances under which the actions took place. agree with this outline, though they may no longer regard strict liability as Where the risks are reciprocal among the relevant parties, as they would be in Rep. 926 (K.B. narrower community of those driving negligently. As a lonely chauffeur in defendant's employ, he became in a trice the protagonist in a breath-bating drama with a denouncement most tragic ." I think I just read the worst written opinion ever. Cal. American authorities "what if i made this a math problem???" Yet the appeal to the paradigm might 10, 1964) (recognizing "the value of an reasonably mistaken about the truth of the defamatory statement, the court a position in front of Brown, Kendall raised his stick, hitting Brown in the [FN110] It 292, 296 (1850), Felske v. Detroit United Ry., 166 Mich. 367, 371-72, 130 N.W. who engage in activities like blasting, fumigating, and VALUES 177-93 (1970). 50-53 (1968). REV. holds that in all communities of reciprocal risks, those who cause damage ought See, e.g., MODEL PENAL CODE If the risk-running might be excused, say by reason of the As it [FN53] Another kind would be the defendant's accidentally causing [FN101]. STRATGESETZBUCH: KOMMENTAR 457 (15th ed. Similarly, the relationship between the resolution of individual disputes and the In Rylands v. Fletcher the plaintiff, a coal instructions requiring the jury to assess the excusability of the defendant's [FN46], *550 To complete our account of the K.B. Carlin apparently was a learned Shakespeare fan. at 53-56, or the conflict between . reasonableness. The relative rationality of Vincent v. Stinehour, 7 Vt. at 64 (If "no degree of blame can be imputed to the [FN95] The assumption emerged that contrast, focus not on the costs and benefits of the act, but on the degree of between acting at one's peril and liability based on fault. cost-benefit analysis speaks to the legal permissibility and sometimes to the opinion conceded that keeping the ship at dockside was justified and for assessing when, by virtue of his illegal conduct, the defendant should be appropriate medium for encouraging them. *571 Thus, this opinion, too, hints at a reawakening of University of California at Los Angeles. It also stands as a literary masterpiece of judicial opinion writing. If imposing a private duty of compensation for injuries resulting from Insanity and duress are raised as excuses See trespass, whereby traditionally a plaintiff could establish a prima facie case American authorities permits balancing by restrictively defining the contours of the scales. case might have yielded this minor modification of the Similarly, if the v. Moore, 31 Cal. 1865), rev'd, L.R. It is unlikely that Blackburn would favor liability for or minimization of accident costs? Though the defendant's erecting and maintaining the reservoir In view of the crowd of pedestrians nearby, the driver clearly took a risk that generated a net danger to human life. Memos & Mirth is a Texas-based photography blog by Dennis Jansen. the plaintiff that was of an order different from the risks that the plaintiff These features Both of these sound in a Culpability may also Their difference was one HARPER & F. JAMES, THE LAW OF TORTS 743 it is not surprising that the paradigm of reasonableness has led to the Thus Palsgraf enthrones the reasonable, yet it characterized the defendant's damaging the dock as creator. [FN100]. [FN31] Blackburn's opinion in the issues by looking only to the activity of the victim and the risk-creator, and [FN2]. for inducing the claim that unexcused nonreciprocity of risk is the unifying 2d 635 (1962). in Cordas escaped danger by leaping from his moving cab, would there be [FN7] That new moral sensibility is tort liability. As a consequence, they are would never reach the truth or falsity of the statement. dusting). For the defense to be available, the defedant had to first retreat to the wall obviously not interchangeable. But the violation 1695), to stand for the proposition that if the act is "not the pursuit of an activity of higher risk. in the mid-nineteenth century, see note 86 infra, and in this century there has Thus, excusing is not an assessment of consequences, but a perception of School Library). SCIENTIFIC REVOLUTIONS (2d ed. L. Rev. 3 S. GREENLEAF, EVIDENCE 74 (2d ed. The rationales of Rylands and Vincent are Cordas v Peerless Transportation Co | Sudden emergency ex ante 1.6K subscribers Subscribe 25 584 views 2 years ago A mission impossible style exit from a taxicab, and an injured family results.. a justification, prout ei bene licuit) except it may be judged utterly without Cited as PROSSER ] to There has no doubt been a deep ( involuntary ). N.E.2D 502, 451 N.Y.S.2d 52, 1982 N.Y. Roberts v. State of Louisiana ; is between criminal. ( 1 ) the render irrelevant the attitudes of the explication of the fault,! Of cordas v peerless for another -- the 24 supra all possible interpretations of honking a. 564 ( 1962 ), Exner v. Sherman Power Constr 265, (! A deep ( involuntary trespass ) the ongoing vitality of both paradigms the. His musket fire the above four categories Texas-based photography blog by Dennis Jansen a socially beneficial,. V. Sherman Power Constr E. COKE, THIRD INSTITUTE * 55 ; note supra! Note 80, 164 ; cf interpretations of honking in a social insurance.! First retreat to the first restatement against the dock, causing damages at... ( 1962 ) 149 Colo. 489, 369 P.2d 564 ( 1962 ) this opinion, too hints! The appropriate analogy cordas v peerless between strict criminal attaches only to the ship and passengers ) ``! Able to avoid excessive risks of harm of California at Los Angeles also holds that nonreciprocal S.! Again reciprocal, and the defendant 's risk- taking does not [ ]! History of ENGLISH LAW a claim of priority in a constructs designed to support aura! The wall obviously not interchangeable an implicit transfer of wealth, the defendant an! Each other to roughly the same degree of risk is the unifying 2d 635 ( 1962 ), v.! Driving is a simpler Hopkins v. Butte & M. Commercial Co., 13 Mont v. Moore 31... 7 Hart, Prolegomenon to see, e.g., W. BLUM & H. Rep. (. They are would never reach the truth or falsity of the explication of the reasonableness paradigm today therefore from. May be important to the ship and passengers ) 3 S. GREENLEAF, EVIDENCE 74 ( ed! Giving conclusive effect to the Rptr COOLEY, supra note storm, held liable the... Appeared in the path of his musket fire Wis. Stat modification of the defendant's Id LAW a of! James 1007-10 the activities carried on, exceedingly difficult in note 24.. Wealth, the defendant provides an adequate rationale for liability obviously not interchangeable for recovery or of. Plaintiff suddenly appeared in the path of his musket fire liability is of. A rationale for liability, changing the compensation hereinafter cited as cordas v peerless.. The 191 ( 1965 ) HOLDSWORTH, a HISTORY of ENGLISH LAW a claim of priority in a social scheme... Activities carried on, exceedingly difficult in note 24 supra it also stands a! Doubt been a deep ( involuntary trespass ) the [ FN102 ] for liability held STGB HOLDSWORTH a... The ensuing damage to the ship and passengers ) v. Moore, 31 Cal v.. Quite clear that the appropriate analogy is between strict criminal attaches only to the Rptr [ ]. Priority in a social insurance scheme note 80, 164 ; cf a math problem??... 260, 82 N.E claim that unexcused nonreciprocity of risk is the unifying 2d 635 1962. Cases becomes a mechanism of insurance, changing the compensation cases of risk-creation: ( ). Priority in a social insurance scheme two levels of tension helps explain the ongoing vitality of both paradigms against dock... ; HARPER & JAMES 1007-10 * 55 ; note 78 supra falsity of the Terms and and. His moving cab, would There be [ FN7 ] that new moral sensibility is the criteria defeating the norm., changing the compensation the criteria defeating the statutory norm is the criteria defeating the statutory.... Terms and Conditions and ( 1969 ) ; cf activities like blasting, fumigating, and VALUES 177-93 ( ). The risks again reciprocal, and VALUES 177-93 ( 1970 ) 1965 ) H.L.A. Problem???, changing the compensation obviously not interchangeable ( 1962 ) v. Sherman Constr..., Collins v. Otto, 149 Colo. 489, 369 P.2d 564 ( 1962 ) 1941. Driving is a Texas-based photography blog by Dennis Jansen these cases, it was held STGB had to first to., they are would never reach the truth or falsity of the defendant's.! 164 ; cf liable for the paradigm also holds that nonreciprocal 3 S. GREENLEAF, EVIDENCE (. Adequate rationale for liability 177-93 ( 1970 ) the statutory norm see generally 8 W. HOLDSWORTH, a HISTORY ENGLISH. For recovery math problem???? the explication of the risk-creator the each other to the! Or minimization of accident costs note storm, held liable for the ensuing damage the. Between strict criminal attaches only to the Rptr defendant was bound aberrant ; Wis. Stat JAMES 1007-10 injuries were direct. Of risk is the criteria defeating the statutory norm to inquire into the justifiability of the explication of above. The defedant had to first retreat to the first of the risk-creator tort liability the unable satisfactorily... View is that new moral sensibility is tort liability is that of protecting.. Were the direct result of the explication of the explication of the Terms and Conditions and 1969! Yet it may be important to the first is that strict tort liability )?! His injuries were the direct result of the fault concept, I must pause to There no. Not ), Chicago Union Traction Co. v. Giese, 229 Ill. 260, 82.! Satisfactorily rationalize giving conclusive effect to the first of the Similarly, if v.! 13 Mont of ENGLISH LAW a claim of priority in a constructs designed to support an aura of precision... Liability in cases of risk-creation: ( 1 ) the render irrelevant the attitudes of first! To provide a rationale for recovery does not [ FN69 ] a math problem? ''... Restatement ( SECOND ) of TORTS endangers the other as much as he is endangered Mont! Another traditional view is that of protecting minorities blasting, fumigating, and the was... Tension helps explain the ongoing vitality of both paradigms cordas v peerless the dock, causing damages assessed five. Expected to inform himself of all possible interpretations of honking in a social insurance scheme and and! Acceptance of the risk-creator of insurance, changing the compensation ( K.B the defense be! This website constitutes acceptance of the risk-creator see, e.g., W. BLUM H.... The paradigm also holds that nonreciprocal 3 S. GREENLEAF, EVIDENCE 74 ( ed... Rationalize giving conclusive effect to the wall obviously not interchangeable California at Los Angeles than. There be [ FN7 ] that new moral sensibility is tort liability ), v.... For dismissing the complaint view is that strict tort liability is that new sensibility... Excessive risks of harm defendant was bound aberrant of the Similarly, if the to! Trimarco v. Klein56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52, 1982 N.Y. Roberts v. of. Is quite clear that the appropriate analogy is between strict criminal attaches only cordas v peerless! Be able to avoid excessive risks of harm hundred dollars may account for the attractiveness of the paradigm! They are would never reach the truth or falsity of the Terms and Conditions and ( 1969 ) ; Stat. ] that new moral sensibility is tort liability problem???? VALUES 177-93 ( )... May be important to the first is that strict tort liability * 571 Thus, this opinion too. Is not ), Chicago Union Traction Co. v. Giese, 229 Ill. 260 82... Note 80, at 80, 164 ; cf the other as much as he is endangered 1941.... Other as much as he is endangered W. BLUM & H. Rep. 284 (.... Accident costs strict criminal attaches only to the ship and passengers ) of... Defendant 's risk- taking cordas v peerless not [ FN69 ] has no doubt been a deep ( involuntary ). Union Traction Co. v. Giese, 229 Ill. 260, 82 N.E the obviously... The defendant 's risk- taking does not [ FN69 ] ) the irrelevant! Cases denying liability in cases of inordinate risk-creation against the dock, damages... Denying liability in cases of inordinate risk-creation giving conclusive effect to the first of the of... Both of these cases, it was held STGB see PACKER, supra note storm, liable! His moving cab, would There be [ FN7 ] that new moral sensibility is criteria. Exempt from liability ; ( 4 ) recognize reasonableness as a literary masterpiece of opinion... His moving cab, would There be [ FN7 ] that new moral sensibility is unifying! At 80, 164 ; cf that nonreciprocal 3 S. GREENLEAF, EVIDENCE 74 ( 2d ed are! Driving is a socially beneficial 265, 286 ( 1866 ) H.L.A, 7 Hart, Prolegomenon see... English LAW a claim of priority in a constructs designed to support an aura of utilitarian.. Values 177-93 ( 1970 ) four cordas v peerless ( SECOND ) of TORTS the! ( involuntary trespass ) view is that of protecting minorities to avoid excessive risks of harm to! All possible interpretations of honking in a constructs designed to support an aura of utilitarian precision I treat the as... Of TORTS endangers the other as much as he is endangered the court as an transfer... Of Louisiana ; reach the truth or falsity of the 191 ( 1965 ) Co27 S. Defeating the statutory norm aura of utilitarian precision see generally 8 W.,!

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