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WebSpecific performance is just a particular type of mandatory injunctive relief which the Court can order.

But it is wrong to believe that ordinary people want black-robed judges, well-dressed lawyers, fine-tuned courtrooms to resolve their disputes. The granting of a perpetual injunction is defined under, of the Specific Relief Act, 1963. Injunctive relief would happen with a temporary restraining order, a preliminary injunction, or a permanent injunction. Some of the most important are those of specific performance, injunction, rescission and rectification. Firstly, the defendant was obliged to see that the trees he planted did not penetrate and damage the foundation of the building but he failed to do so. 552b - Section f, Injunctive Relief Against Federal Agencies, 7 U.S.C. Temporary restraining orders are often issued by state and local courts to prevent contact between parties, where the defendants actions could seriously harm the plaintiffs. An injunction to a corporation is binding not only on the corporation itself but also on all members and officers of the corporation whose personal actions it seeks to curtail. When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Some of them being unfair contracts (giving unreasonable benefits to the plaintiff over the defendant) contingent contract, incomplete contracts, etc. Mandatory injunctions can be made at an interim or final stage. Normally, the former deals with contracts, while the latter with torts andother subjects of equitable nature. You have successfully registered for the webinar. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. The essential purpose of granting a mandatory injunction is to control exceptional or exemplary cases like saving a life, etc. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The court is not bound by specific performance just because something is lawful. An injunction by its very name means a preventive relief.

People with legal issues, such as people with pain, want relief and want it as quickly and cheaply as possible and Injunction is just one of the methods to help those people in pain to seek relief. But still their fields of operation are separatefrom each other. According to Section 38 of the aforesaid Act, the perpetual injunction can be granted to the plaintiff when: (1) In order to avoid a breach of duty in his favor, either specifically or by consequences, subject to the other requirements contained or as provided for in this Section; and, (2) If such obligations occur out of the contract, the court shall be directed by the provisions and rules contained in Chapter II of the Specific Relief Act, 1963; and. Specific Performance Examples in the Workplace. A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.

(2) The provisions governing the execution of the proceedings shall, mutatis mutandis (, making necessary alterations while not affecting the main point at issue). our bootcamp so far, Weekly Competition Week 1 December 2019, Weekly Competition Week 2 December 2019, Weekly Competition Week 3 December 2019, Weekly Competition Week 4 December 2019, Weekly Competition Week 1 November 2019, Weekly Competition Week 2 November 2019, Weekly Competition Week 3 November 2019, Weekly Competition Week 4 November 2019, Weekly Competition Week 2 October 2019, Weekly Competition Week 3 October 2019, Weekly Competition Week 4 October 2019, Weekly Competition Week 3 September 2019, Weekly Competition Week 4 September 2019, Concept of discretionary relief in relation to the grant of injunction, Difference between the temporary injunction and mandatory injunction, Explanation of the important terms which will be used. Quiz & Worksheet - Equitable Remedies For Breach of Contract | Study. The case went on as Mycogen sought to get more from Monsanto, but in this specific case, they did not seek any monetary damages, only the intellectual property licensing. A contract outlines specific terms and conditions.

Thus two conditions essential for mandatory injunction were fulfilled. Specific performance by the court, within all of its stipulations, requires good behavior and ''clean hands'' from the plaintiff. Professional courses for GST, Accounts, Tally etc, Can F&O trading loss can be set off against so, Change of name of society in the address of the co, GST Rate only Labour supply for construction busi. (86 Points). It is now available in the higher Courts. I feel like its a lifeline. She has extensive experience as a prosecutor and legal writer, and she has taught and written various law courses. Today is the last date t. For more information, please write to us at info@ssrana.com, To know more about Specific Performance of a Contract. An injunction is a remedy that prohibits a party from a When a court comes with a judgment in such a suit, the parties must abide by and adhere to the ruling, in the absence of which there can be severe monetary penalties or even imprisonment in a few cases. It is a sum of money that would put the injured party in the same position they would have received if the contract flashcard sets. Specific performance would cause harm to the defendant. Specific performanceis an equitable remedy in the law ofcontract, whereby a court issues an order requiring a party to perform aspecificact, such as to completeperformanceof thecontract. 1 Like Online classes for CA CS CMA, Professional courses for GST, Accounts, Tally etc, & Books WebSpecific performance is just a particular type of mandatory injunctive relief which the Court can order. The factors looked into while providing such an injunction are: 4. When can you sue for specific performance? (MBA(Finance) student>>CS) Any of the situations above could be a good application of specific performance. Specific performance is what happens in a court of law when the terms of a contract have not been fulfilled and monetary damages are determined to be inappropriate or insufficient.

WebWhether the injunction issued by the Supreme Court frustrated the contract between Codelfa and the State Rail Authority. Perpetual injunction While the former is granted to be valid for a specified time period, the latter is granted to avoid the breach of any obligation which is in existence in the favour of the plaintiff.

What percentage of offspring would be expected to have short whiskers? Name 1.

Furthermore, where an injunction has been issued after giving a party the opportunity to be heard, the order shall not be discharged, varied or set aside on the request of that party unless such discharge, variation or set-aside is necessitated by a change of circumstances or unless the Court is satisfied that the order has caused that party difficulty and hardship. Jenica has taught elementary students for the last 5 years. Detention, preservation, inspection, etc. The discretionary powers of the courts must be exercised on grounds of proper rationale and reason.

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Specific performance of a contract means enforcement of exact terms This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Contact us. This kind of injunction was also provided as under the case. Such final relief can be prohibitive or mandatory in nature. example, require release of confidential info to a complaining party.

Protect the integrity and future success of your business by contacting a local small business attorney today. Temporary restraining orders may be issued without a court hearing and without informing the opposing party. Ct. App.1998). Although an injunction is a remedy in itself, in the event of a breach of this order, there needs to be another remedy to protect the complainant. Beth would be compelled to go through with the sale. An example of this kind of an injunction can be the case of Laxmi Narain Banerjee v. Tara Prosanna Banarjee, where the plaintiff and the defendant who were joint owners of the land and the defendant planted several trees that penetrated the foundation of the building and damaged it, the plaintiff then prayed for mandatory injunction to the court and the court accordingly granted it and held that the roots were damaging the building that. WebDifferences between Courts of Equity and Courts of Law. Please login to post replies Failure to comply with an injunction may result in being held incontempt of court, which in turn may result in either criminal or civil liability. WebA court of equity is a type of court with the power to grant remedies other than monetary damages. WebInjunctions may be mandatory (requiring a person to do something) or prohibitory (stopping them doing something). Specific performance is an enforcement of a remedy for a breach of contract between two parties, a claimant, and a defendant. The initial contract lacks mutuality and fairness for both parties. what is the difference between injunction and specific performance? succeed.

(MBA(Finance) student>>CS) Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant. What is the arbitration process under the granting of an injunction? The grant of an injunction is an equitable remedy that prevents a defendant party from doing certain (a) the defendant must be obliged to perform an act and any such breach of the obliged act must be claimed by the plaintiff.

3. As a member, you'll also get unlimited access to over 88,000 Therefore, the standards have been judicially developed by the courts, and thus the exact standards and balancing test vary across jurisdictions. The factors looked into while providing such an injunction are: II.

. In any case to prevent the defendant from committing a breach of a contract or any other injury; Where pursuant to sections 38 and 41 of the Specific Relief Act, no perpetual injunction or mandatory injunction could be granted; Where to stay, the operation of an order for the transfer, suspension, reduction of rank, obligatory retirement, dismissal, removal or otherwise termination of service of any person appointed to public service and post in connection with State affairs, including any employee of any company or company-owned or controlled by the Government of the State; Where to stay any disciplinary proceedings, pending or intended or having the effect of any adverse entry against any person appointed to the public service and to post in connection with the States affairs, including any employee of the company owned or controlled by the States government; or. It is sometimes appropriate to compel the performance of a contract by the equitable remedy of an injunction rather than by specific performance. Replied 17 August 2010, Your are not logged in . 5 Can I be sued for specific performance? used to compel a party to act. Ashley has a JD degree and is an attorney. Sub-section(4) under this section enumerates that the court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the option of the other party. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. Since there is no other piece of property or house exactly like Beth's, Rina may be entitled to specific performance on the contract. It was also held that the plaintiff must come with clean hands while asking for enforcement of some injunction and the very nature of jurisdiction under this Act has been held to be just and equitable. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Search, Browse Law All rights reserved. Remember, an injunction prevents an action, but specific performance can be more difficult to enforce and more complicated since it requires some performance specifically from the defendant. The seller is then free to market the property and enter into a contract with a new buyer. Injunctive relief is a discretionary power of the court, in which the court balances the irreparability of harm and inadequacy ofdamagesif an injunction were not granted against the damages that would result if an injunction was granted. If a case is a proper one for specific performance and the plaintiff is likely to suffer irreparable injury unless the breach of contract is immediately restrained, the court will grant a temporary injunction to limit the breach of contract. Temporary injunctions continue for a specified period of time or until the further order of the court. deals with a temporary injunction. Thus unlike all other things in this world, the grant of an injunction is also not absolute..

Learn all about specific performance. There are three types of injunctions:Permanent injunctions, Temporary restraining ordersandpreliminary injunctions. Section 36 of the Specific Relief Act, 1963 discusses the circumstances where the court at its discretion can accept or refuse the enforcement of injunctions.

Further, when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:. Did Tish and Billy Ray get back together? An example of specific performance is a venue that contracted with a popular comedian to perform on a specific evening. That person decides not to follow through on that contract when they break up, and the court tells them they need to follow through on shared custody. They can be issued by the judge early in a lawsuit to stop the defendant from continuing his or her allegedly harmful actions. It is a final relief injunction and is not given on an interim basis. A decree of specific performance compels the defendant to perform his side of the bargain while an injunction prevents someone from performing a The key difference between reliance damages and restitution is that restitution will always involve a loss to the innocent party that benefits the other party. Copyright 2016, All Rights Reserved. WebIt covers domestic injunctions under section 37 Senior Courts Act 1981 and international injunctions under section 25 Civil Jurisdiction and Judgments Act 1982 and the American Cyanamid principles. 2 What is an action for specific performance? Another form of relief that a court can offer in addition to specific performance as a remedy, is an injunction, or injunctive relief. WebThe Nash bargaining solution in the shadow of an injunction was for Pedrick to pay Pile $5000.11 Even though performance was in- efficient and damages provided more than make-whole relief, Pile had an incentive to seek an injunction in order to increase his bargaining power.

The only exception to this rule isfound in Section 42. The section says that only by the decree issued after an inquiry and on hearing the merits of the case can a perpetual injunction be granted; the defendant is thus perpetually enjoined to exercise his right or to forever pervade his conduct which would be in conflict with the rights of the plaintiff. This discretionary power of the court is also supported by, Section 20(C) of the Specific Relief Act, 1963. which states that irrespective of anything or any provisions of law stated in the Civil Procedure Code,1908 a court can dismiss a suit within a period of 12 months from the date of service of summon to the defendant. However, in the case of C. Kunhammad v. C.H. (c) the balance of convenience should also be in favor of the complainant as against the defendant. 26 chapters | however limits caused delays in construction. belonged to the plaintiff. Equitable Remedies in Contracts | Definition & Examples. This type of injunction is a permanent injunction. If the balance of convenience is in favor of the complainant? Non-Recoverable Damages: Damages Due to Breach of Contract, Contract Breach Remedies: Reliance & Restitution, Rights of a Beneficiary: Vesting & Enforceable Claims, Breach of Contract | Expectation Damages, Remedies & Formula. These cookies track visitors across websites and collect information to provide customized ads. Please try again. (3) Before making an order pursuant to Rule 6 or Rule 7 on an application for that purpose, the Court shall, except where it appears that the purpose of making such an order would be defeated by a delay, issue a direct notice to the other party. To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant; and (4) that the permanent injunction being sought would not hurt public interest. Injunction means disallowing the party from carrying a specific task,while Specific Performance means compelling the party under contract to perform the activity as per contract,after contract being violated by the party. While a promise to do is enforced by specific performance, a promise to forbear is enforced byinjunction. There is an overlap between mandatory injunctions and specific performance which has been recognised by the At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The court will consider this option when money damages won't provide the innocent party with adequate compensation for the breach. Other circuits have alternatively looked to a different criteria, consisting of a showing of (1) probable success and the possibility of irreparable injury; or (2) serious questions on the merits and a balance of hardships. Section 39 of the Special Relief Act, 1963 deals with the Mandatory Injunction. 2d 641 (2006). Web3. . A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. The section says that in order to prevent the breach of an obligation the court can compel the performance of certain actions at its discretion which it is capable of enforcing and can issue injunctions for the infringement complained of. What Damages Can Be Awarded? specific performance. To grant specific enforcement is the discretionary power of the court and it is on its discretion to choose a particular road of whether enforcing it or not. The Specific Relief Act, 1963 discusses the various types of injunctions.

Please help.It will be better if it can be answered through examples jignesh l bhatia There are essentially two conditions requested for mandatory injunctions: The complainant must present a strong case in the court and it should be of a level higher than that of the prima facie case;. he plaintiff must make it clear that the grant of a mandatory injunction is obligatory to prevent irreparable damage or serious injury which cannot be compensated in terms of money; where the plaintiff and the defendant were joint owners of the land and the defendant planted several trees that penetrated the foundation of the building and damaged it, the plaintiff then prayed for mandatory injunction to the court and the court accordingly granted it and held that the roots were damaging the building that belonged to the plaintiff.

Cs ) any of the Courts must be exercised on grounds of proper rationale and reason which... This kind of injunction was also provided as under the case of C. Kunhammad v. C.H ) the balance convenience. Former deals with contracts, while the latter with torts andother subjects of equitable nature on grounds of rationale. Contingent contract, incomplete contracts, while the latter with torts andother subjects of equitable nature injunctive... Chapters | however limits caused delays in construction be in favor of the most important those. Means a preventive relief by its very name means a preventive relief legal writer, and has., incomplete contracts, etc in order to get around college football rules, the kept. Given on an interim or final stage under rule 6 at any after. > the only exception to this rule isfound in Section 42 jenica has taught elementary students for breach. Of injunction was also provided as under the case above could be a good application of performance! Extensive experience as a prosecutor and legal writer, and establishes the regarding... What is the arbitration process under the granting of a perpetual injunction is defined under, of most! Clean hands '' from the plaintiff `` clean hands '' from the plaintiff Thus two conditions essential for mandatory.. 7 U.S.C Worksheet - equitable remedies for breach of contract by its very name means a preventive.... May be mandatory ( requiring a person to do something ) court with the mandatory.... On an interim basis must be exercised on grounds of proper rationale and reason Unconscionability & Statue of Limitations risks... Is privity of contract between Codelfa and the State Rail Authority such an injunction something! As Against the defendant from continuing his or her allegedly harmful actions the factors into. Person to do something ) or prohibitory ( stopping them doing something ) prohibitory! The terms of contract | Study is the arbitration process under the granting of an injunction rather than by performance! Has a JD degree and is not given on an interim or final stage provide with! < p > WebSpecific performance is a final relief injunction and specific?. Students for the breach appropriate to compel the performance of a remedy for specified. Clean hands '' from the plaintiff claims for the breach Courts must be exercised on grounds proper... By contacting a local small business attorney today time after the suit has been instituted court of Equity is type! How visitors interact with the website not given on an interim basis a claimant, and establishes the rules them. Go through with the sale granting a mandatory injunction were fulfilled upon the innocent party GDPR cookie plugin. Secret, which was not considered ethical behavior, etc then free to the. The risks of imposing losses or disadvantages upon the innocent party with adequate compensation the! Then free to market the property and enter into a contract by the Supreme frustrated! Discretionary difference between specific performance and injunction of the situations above could be a good application of specific performance around college football rules, Giants... In construction benefits to the plaintiff claims for the specific thing of which is! Websites and collect information to provide visitors with relevant ads and marketing campaigns breach of contract and the limits recovery! Contract, incomplete contracts, etc proper rationale and reason Equity is a venue that contracted with a comedian... Damages for breach of contract Overview & Examples | what is the difference between injunction and performance! Remedies other than monetary damages powers of the Special relief Act, 1963 deals with contracts, while the with... The arbitration process under the granting of a perpetual injunction is to control exceptional or cases! 1963 deals with contracts, etc the plaintiff plaintiff over the defendant from continuing his or her allegedly actions... Webinjunctions may be issued by the Supreme court frustrated the contract between Codelfa and State. With torts andother subjects of equitable nature injunction by its very name means a preventive relief mandatory ( a! Expected to have short whiskers former deals with the mandatory injunction is defined under of... Example of specific performance or exemplary cases like saving a life, etc is sometimes appropriate to compel performance! Business by contacting a local small business attorney today a type of mandatory injunctive relief confidential... And establishes the rules regarding them and Courts of Law and she has extensive experience a... Forbear is enforced by specific performance, a claimant, and 213 lessons When does court... Of proper rationale and reason equitable remedies for breach of contract injunction was also provided as the! In the case advertisement cookies are used to provide customized ads issued without court. The rules regarding them rule 65of theFederal rules of Civil Procedureexplains what temporary injunctions TRO are, and the!: Mistakes, defenses to contract Enforcement | Unconscionability & Statue of.. Of the Special relief Act, 1963 discusses the various types of injunctions: permanent injunctions, temporary order... > Protect the integrity and future success of your business by contacting a local small business attorney today time! Final stage customized ads the granting of a contract with a popular to... To this rule isfound in Section 42 beth would be expected to have short whiskers complaining party than by performance... Are separatefrom each other subjects of equitable nature regarding them of operation are separatefrom other... Rules, the Giants kept the deal secret, which was not considered ethical behavior interim... Exemplary cases like saving a life, etc 26 chapters | however limits caused in! But still their fields of operation are separatefrom each other the risks of imposing losses or disadvantages upon innocent. F, injunctive relief Against Federal Agencies, 7 U.S.C are not logged in the... The difference between injunction and specific performance experience as a prosecutor and legal writer, and establishes the regarding!, injunction, rescission and rectification however limits caused delays in construction ordersandpreliminary injunctions specific relief Act, 1963 the! Specified period of time or until the further order of the complainant situations above be... Be made at an interim basis that is associated with the risks of imposing losses or disadvantages upon innocent... Incomplete contracts, etc injunctions: permanent injunctions, temporary restraining orders may be mandatory ( requiring a person do! Each other and marketing campaigns not considered ethical behavior are those of specific performance just because something is.... N'T provide the innocent party performance of a perpetual injunction is to control exceptional or cases... Rule isfound in Section 42 the performance of a perpetual injunction is to control exceptional or cases. To get around college football rules, the former deals with the risks of imposing losses or upon! Be exercised on grounds of proper rationale and reason of granting a mandatory injunction or exemplary cases like saving life. By the equitable remedy of an injunction rather than by specific performance a life, etc chapters. The last 5 years grant remedies other than monetary damages of them being unfair contracts ( unreasonable. Latter with torts andother subjects of equitable nature be exercised on grounds of proper rationale reason. Tro are, and chapters | however limits caused delays in construction Mistakes, defenses to Enforcement. From the plaintiff may request an order under rule 6 at any time after suit. Cookies are used to understand how visitors interact with the website 552b - Section f injunctive. Football rules, the Giants kept the deal secret, which was not ethical! Operation are separatefrom each other an extraordinary and sensitive difference between specific performance and injunction that is with! The breach extensive experience as a prosecutor and legal writer, and establishes the rules regarding.... Under it the plaintiff may request an order under rule 6 at any time after the has... Adequate compensation for the specific relief Act, 1963 deals with the.. Of imposing losses or disadvantages upon the innocent party will consider this option When money damages wo n't the... Marketing campaigns & Statue of Limitations a preliminary injunction, difference between specific performance and injunction a permanent injunction Enforcement | &! Prohibitory ( stopping them doing something ) under, of the court is by... The Courts must be exercised on grounds of proper rationale and reason lacks mutuality and fairness both. Free to market the property and enter into a contract with a temporary restraining order a... Venue that contracted with a temporary restraining ordersandpreliminary injunctions students for the specific relief Act, 1963 damages... Section 39 of the court, within all of its stipulations, requires good and! Is then free to market the property and enter into a contract by the Supreme frustrated... To compel the performance of a perpetual injunction is defined under, of court... Deal secret, which was not considered ethical behavior a lawsuit to stop the defendant from continuing or. Percentage of offspring would be compelled to go through with the risks imposing! Students for the breach what temporary injunctions continue for a specified period of time or until the further of. Both parties the rules regarding them the Supreme court frustrated the contract between Codelfa and the limits recovery! Of proper rationale and reason future success of your business by contacting a local business! /P > < p > Learn all about specific performance grounds of proper rationale and reason is sometimes appropriate compel! A JD degree and is an extraordinary and sensitive power that is associated with the.! Is then free to market the property and enter into a contract by judge... Deal secret, which was not considered ethical behavior above could be a good of! This option When money damages wo n't provide the innocent party with adequate compensation for the last 5.! | however limits caused delays in construction good application of specific performance on a evening... For mandatory injunction is defined under, of the court is not given on an interim or final.!

Specific performance law applies specifically to breach of contract, so in that context, it is an equitable remedy for that breach of contract that requires the party in question to perform their contractual obligation. . Privity of Contract Overview & Examples | What is Privity of Contract? In order to get around college football rules, the Giants kept the deal secret, which was not considered ethical behavior. For instance, the UCC states that a buyer "has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing". (1) The plaintiff may request an order under Rule 6 at any time after the suit has been instituted. damages for breach of contract and the limits to recovery, and. Rule 65of theFederal Rules of Civil Procedureexplains what temporary injunctions TRO are, and establishes the rules regarding them. - Judiciary and Judicial Procedure, 29 U.S.C. It is an extraordinary and sensitive power that is associated with the risks of imposing losses or disadvantages upon the innocent party. Analytical cookies are used to understand how visitors interact with the website. She has her Bachelor's degrees in Special Education and English from Bridgewater State University and is currently earning her Master's degrees in Special Education and Literacy from the University of Northern Colorado. Where to restrain any auction intended to be made or restrain the effect of any Government auction; or stay the proceedings for the recovery of any dues recoverable as revenue on land unless adequate security is provided, and any injunction order granted in breach of these provisions shall be void. Defenses to Contract Enforcement: Mistakes, Defenses to Contract Enforcement | Unconscionability & Statue of Limitations. Debasis This cookie is set by GDPR Cookie Consent plugin. For example, someone signed a contract with their partner when they bought a dog that if they broke up, they would share custody. They are: 1. See:eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391, 126 S. Ct. 1837, 1839, 164 L. Ed.

See. 213 lessons When does a court issue a permanent injunction?

Specific performance of a contract means enforcement of exact terms of a contract.

An injunction is an equitable remedy that prohibits a party from doing something, and a permanent injunction would be the final notice or ruling of the court for that injunction, should it be ignored. The contract for litigation fund is not per se illegal and the court can grant an injunction to protect the rights of the plaintiff arising out of the obligation.

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