counter offer cases

Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd. – When the goods are displayed either in a show-window or inside the shop and such goods bear price-tags, the question which arises in such case is, whether that amounts to an offer to sell goods at prices mentioned on the price tags. One should take care in writing a counter offer letter. That is what happened in the case of Hyde v Wrench. After trial, Miller was ordered to transfer ownership of the property to Segal. In many of these cases our traditional analysis of offer, counter-offer, rejection, acceptance and so forth is out-of-date. The Court decided that no, it was not. Believing that the price was too high, Hyde offered to pay £950 as a counter offer. To explore this concept, consider the following counter offer definition. Before I make a final decision, though, I would like the opportunity to meet with you regarding the salary you have offered. Defendant received the offer, made several changes, signed and returned the offer to Normile. In that case, the candidate would draft and send a counter offer letter. Then the person who proposed the counter offer is left with nothing. A counter offer can also be made by a company when they learn that a valued employee has received an offer from another organization. If no time is stipulated acceptance must occur within a reasonable time or the offer will lapse. Example: Susan Seller offers to sell her house for $150,000, to be paid in 60 days; Bruce Buyer receives the offer and gives Seller a counter offer … They can write a counter offer demand letter where they express their arguments in detail and include supporting documents. The chance to work for such a prestigious technology company is a thoroughly exciting prospect. Segal and Normile and Kurniawen then proceeded to file separate lawsuits against Miller to determine who should be truly allowed to purchase the property. I think I can get $100,000 at another company.” Needless to say, trying to bluff your way through a salary negotiation is the least effective method on a number of levels. The counter offer was rejected and Wrench sold the land to someone else. In most cases, the buyer will accept the seller's proposed changes to the closing date, if it's not a big difference. However, the seller himself is not usually bound by law to reject the offer in writing. Y rejects the offer and offers A to buy his bike for Rs 80. The Court concluded its decision by stating: “In this case, plaintiff-appellants received notice of the offeror’s revocation of the counteroffer in the afternoon of August 5, when Byer saw Normile and told him, “[Y]ou snooze, you lose; the property has been sold.” Later that afternoon, plaintiff-appellants initialed the counteroffer and delivered it to the Gallery of Homes, along with their earnest money deposit of $500. Noun. No - P's offer to buy for £950 constituted a counter offer; effectively a rejection of the original offer and a new offer. The offer specified that it must be accepted by 5:00 p.m. on August 5. In contract law when an offeror (one who makes an offer) proposes an offer, the offeree (to whom the offer is made) can either accepts the offer or try to negotiate on the price. The defendant, Mr Wrench, offered to sell the farm he owned to the complainant, Mr Hyde. These subsequent attempts by plaintiff-appellants to accept defendant’s revoked counteroffer were fruitless, however, since their power of acceptance had been effectively terminated by the offeror’s revocation…, …Since defendant’s counteroffer could not be revived, the practical effect of plaintiff-appellants’ initialing defendant’s counteroffer and leaving it at the broker’s office before 5:00 p.m. on August 5 was to resubmit a new offer. Star Athletica, L.L.C. If the offeree accepts the initial offer, then there is an agreement that can be legally binding. In those circumstances, the general rule is that the original offer lapses and there is no contract unless the original party accepts the counter-offer (or, for instance, a counter-counter offer is accepted). Counter Offer: On the other hand, in counter offer there is a rejection of the original offer and a new offer is made that needs acceptance by the original promisor before a contract can be made. This has the affect of destroying the original offer so that it is no longer open for the offeree to accept. This offer was not accepted by defendant since she had already contracted to sell her property by entering into a valid, binding, and irrevocable purchase contract with Plaintiff-appellee Segal.”. HELD: He accepted established authority that tickets for carriage constitute anoffer rather than a completed agreement. The counter offer should be made with respect to the salary that is typically offered for that exact same job title and responsibilities and should be based on the applicant’s experience, skills, education, and location. (adsbygoogle = window.adsbygoogle || []).push({}); Counter Offer Example Involving Property in North Carolina. The initial offer you receive from the insurance adjuster will almost always be a “lowball” offer. You can also choose from plastic, metal counter offer cases There are 330 suppliers who sells counter offer cases on Alibaba.com, mainly located in Asia. Once rejected, an offer cannot be revived by subsequent acceptance. Please advise as to whether we can meet to discuss this before I make a decision with regard to accepting your offer. However he adopted a complexinterpretation involving two distinct contracts. The “mirror image rule” states that if you are to accept an offer, you must accept an offer exactly, without modifications; if you change the offer in any way, this is a counter-offer that kills the original offer. The seller's counter offer might also address any contributions toward closing costs. 8.2.4 An offer may be terminated by withdrawal at any time prior to its acceptance, provided there is communication, of the withdrawal to the offeree, whether by the offeror or through some reliable source. It is a new offer made in response to an offer received. Accordingly, we hold that defendant’s counteroffer was not transformed into an irrevocable offer for the time limit contained in the original offer because the defendant’s conditional acceptance did not include the time-for-acceptance provision as part of its terms and because defendant did not make any promise to hold her counteroffer open for any stated time.“. Taylor v. Caldwell (1863): Frustration of contract, Murphy v Brentwood District Council (1991): pure economic loss, Phipps v Rochester Corporation: Occupiers liability and young children. I am confident that, with my experience and networking capabilities, I will be able to bring additional revenue to the company. An invitation to treat, on the other hand, is merely an invitation to submit an offer. The fact of the case:Wrench made an offer to Hyde to sell a farm for £1000. When it failed he sued Wrench for breach of contract. How to get a copy of UK naturalisation certificate? At this point, the claimant has the right to make a counter offer, and in most cases, this is the best thing to do. The property has been sold.” Later that same day, Normile and Kurniawen signed off on the counter offer and provided the initial $500 deposit through their agent in an attempt to buy the property anyway. Contract – Counter Offer – Acceptance – Offer – Negotiation – Breach of contract – Specific Performance. Offer indicates a willingness to enter into a contract whereas an invitation to treat lacks an intention to create legal obligations. someone expresses his or her willingness to enter into a contract on certain terms and intends to form a binding contract if the other party accepts They will aggressively defend their position of a low offer because this will often intimidate people into simply accepting the low offer. In a counter offer letter, candidates typically express their continued interest in a position but state that they desire a change in the terms of the original offer. Counter-offer A counter-offer terminates the original offer. When it failed he sued Wrench for breach of contract. The Court affirmed the Court of Appeals decision with some modifications. on Counter offer in contract law: Hyde v Wrench (1840). The court ruled that the offer of settlement contained two conditions, both of which had to be accepted for the whole offer to be accepted. The better way is. Here’s an example of a counter offer letter wherein the person is requesting a higher salary for a job she has been offered. Most offers include a date of expiration. An offer made in response to a prior offer. Roscorla v Thomas (1842): consideration must not be past. Under the circumstances in this bill, I think there exists no valid binding contract between the parties for the purchase of … In this case, the employer would offer more money or other incentives for an employee to stay with the company. Harvey v Facey HELD [1893] AC 552 This case considered the issue of offer and acceptance and whether or not a seriesof telegrams regarding a property which was for sale amounted to a bindingcontract. In this case, two persons were haggling over the price of property. to look at all the documents … Failing to buy the farm for £950 Hyde tried to buy the farm for the previous price of £1000. In certain situations, such as a job offer, or a property sale, or even the negotiation of a salary, an individual may create a counter offer letter in response. The biggest case opening website in the World with Upgrader, Case Battles, permanent Giveaways, Daily Free, Events and Seasonal cases. Once you have a better idea of the worth of the thing that you’re negotiating, the better position you are in to negotiate. If the seller does not respond by that date, the listing agent can notify the buyer that the seller is not accepting the counter offer. The author of the letter asks what may end up becoming her future boss for a meeting to discuss the salary that was offered to her: I truly appreciate your offer of the position of Supervisor of the Help Desk at “IT & Me” in Brooklyn, New York. Counter offers are not necessarily limited to new job proposals. offer, counter-offer Hyde v Wrench [1840] EWHC Ch J90 is a leading English contract law case on the issue of counter-offers and their relation to initial offers . Death The general rule is that death of the offeror will terminate the offer. We use cookies and by using this website you are agreeing to the use of cookies. In August 1980, Miller put the property up for sale, and that same day, Michael Normile and Wawie Kurniawan checked it out with an interest in purchasing it. Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract. v. Varsity Brands, Inc. An offer made in response to a prior offer. Definition of Counter Offer. Reasons for not asking for an increase in salary include: However, in spite of this discomfort, many companies actually expect prospective employees to make a salary counter offer. Over half of all employers say they would be willing to consider a counter offer, and about the same number say they make a lower initial offer because they expect candidates to negotiate for a higher salary. Making a Counter-Offer in an Eminent Domain Case. But if the offeree tries to negotiate on the price then it completely wipes the slate clean making the initial offer destroyed and the offeree cannot go back to it. The seller then makes a counter offer, which tells the buyer that his offer will be accepted so long as one or more of the proposed terms of the offer changes to the seller’s liking. In it Lord Langdale ruled that any counter-offer cancels the original offer. For example, a counter offer letter may be offered in response to an offer letter sent from an employer to a job candidate. When a candidate for a job is made an offer with regard to salary, the candidate may then choose to provide a salary counter offer if the proposed offer is less than satisfactory. Level one has the least amount of leverage, and is basically flat-out lying. If the person receiving the offer does not like it, or is otherwise offended by it, then he may not only reject the counter offer, but withdraw the initial offer too. In many cases, however, the counter offer benefits the company more than the employee or is simply a knee-jerk reaction from your boss who might immediately be concerned how they will get by without you or go through the effort of finding a replacement. The Court concluded that no, she had not. For example, a seller wants to sell a vehicle for $20,000. Some of the more common reasons why a real estate counter offer is made include: There is no limit to the number of counter offers that can be made by either the seller or the buyer. (adsbygoogle = window.adsbygoogle || []).push({}); Jacobs considered that the carriersoffer is accepted by the passenger accepting the ticket and paying t… Livingstone v. Evans, [1925] 4 DLR 769. Do not ever a… Just buy case and get your Dragon lore, Howl or Asiimov. Wrench made an offer to Hyde to sell a farm for £1000. An offer will expire if it is revoked, it is not accepted on time, a requirement of the offer is not met (a condition precedent), it is rejected, or a counter-offer is made. Afterwards, they made an offer to Miller to buy the property. Open cases on Hellcase and get all skins to your Steam now. This was observed by Lord. Counter Offer Letter Sample. Example of Counteroffer . Normile and Kurniawen appealed, however the Court of Appeals unanimously affirmed the decision of the trial court. Unilateral contracts differ from bilateral contracts, in which each party makes a promise to the other. Vendor replied "Cannot reduce price" after which the buyer accepted. Your email address will not be published. Rejection of an offer, which includes the making of a counter-offer or a variation of the original terms, terminates the offer. A counter offer is an offer made in response to a previous offer by the other party during negotiations for a final contract. Wilberforce in New Zealand Shipping Co Ltd v AM Satterthwaite. (Counter offer = rejection and new offer) Time If an offer stipulates a time for acceptance then acceptance after that time will be ineffective. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror. He offered to sell the property for £1,200, but this was declined by Mr Hyde. That alternative offer is the counter offer. So they sign a counter offer back to you proposing a 45-day escrow period. Making a counter offer automatically rejects the prior offer, and requires an acceptance under the terms of the counter offer or there is no contract. The insurance company is not required by law to give a claimant a fair settlement. In certain situations, such as a job offer, or a property sale, or even the negotiation of a salary, an individual may create a counter offer letter in response. Believing that the price was too high, Hyde offered to pay £950 as a counter offer. Before you use the counter offer as a bargaining chip, make sure you understand the pros and cons, and the potential downfalls of accepting it. Again, you can accept it or not. Invitations to treat is an invitation to bargain and it arises in pre-contractual negotiations, advertisements and st… A counter offer is where an offeree responds to an offer by making an offer on different terms. Origin. However, a mere request for information is not a counter-offer. Miller revoked her counter offer to Normile and Kurniawen and literally told them, through her agent, “you snooze, you lose. If it is lost or damaged. Your email address will not be published. 330 counter offer cases products are offered for sale by suppliers on Alibaba.com A wide variety of counter offer cases options are available to you, such as case, broaching. Such an offer is known as the counter offer. Miller signed the offer after proposing several changes as a counter offer. Correspondence with offer. Failing to buy the farm for £950 Hyde tried to buy the farm for the previous price of £1000. Compare the following two cases: Scammell & Nephew v. Ouston [1941] AC 251 Case summary . A real estate counter offer occurs when someone wants to purchase a home, makes an offer to the seller, and the seller is not satisfied with the proposed offer. 1780-1790. The next question then became whether Miller had accepted Normile and Kurniawen’s offer before that time period expired. Do you need the best or new CS:GO skin? The claim failed as the court held that by counter offering the asking price of £1000, Hyde had actually destroyed the original offer and since there was no offer available, Hyde could not come back to it. Unilateral offer cases are agreements in which one party negotiates for a completed performance instead of a promise to perform. Studies show that over half of all job candidates do not make counter offers when offered a starting salary to join a new company. The term “counter offer” is used to describe a situation wherein an offer is made to someone, and they make an alternative offer in return. As it turns out, however, someone else – a Lawrence Segal – did make an offer to purchase the property, which was very similar to that which was made by Normile and Kurniawen, and Miller accepted Segal’s offer without making any changes. Facts. Thus, a necessary ingredient to the creation of an option contract, i.e., a promise to hold an offer open for a specified time, is not present. Parker v South Eastern Railway (1877): incorporation of an exemption clause, UK naturalisation: Who can act as referees. The matter then went before the North Carolina Supreme Court. To change the total amount that is to be paid for the property, To increase the size of the initial deposit to be paid, To change the seller’s obligation with regard to paying for certain fees or reports, Not being comfortable asking for a higher salary, Fear they will not be hired if they ask for more money. The trials in the matter were consolidated. An example of a counter offer can be found in the matter of Normile v. Miller, a case decided in 1985. They may also question the amount of pain and suffering you experienced. In Hyde v Wrench (1840) the defendant offered to sell his farm for £1,000, and the plaintiff responded by offering to buy it at £950 – this is called making a counter-offer. Areas of applicable law: Contract law – Offer – Counter offer: Main arguments in this case: The case illustrates how a counter offer, or haggling in plain English, can destroy an offer completely. One of the most common methods of making a counteroffer is to write a counter offer letter—a written or email response by the applicant to the employer's original job offer. In some states, the seller is not required to respond to a real estate counter offer. Not Required By Law. Save my name, email, and website in this browser for the next time I comment. For example, a counter offer may be made in response to an offer for a promotion that comes with a less than desirable salary. When a company presents their offer for $80,000, you simply choose a bigger number at random and reply, “That sounds a bit low to me. Ex: X offers Y his bike for Rs 100. The best way to be confident about a counter offer letter is to research what would be the average salary, price of property, or whatever is being proposed. The candidate may be very interested in the job, but may not be happy with the proposed salary. “…regardless of whether or not the seal imported the necessary consideration, we conclude that defendant-seller made no promise or agreement to hold her offer open. Required fields are marked *. The person receiving the counteroffer does not have to accept it. Normile wasn’t thrilled with the counter offer and thought that he had first option on the property, meaning that no one else could make an offer on or buy the property, so he could take some time to make up his mind. A contract is formed where there is an offer, acceptance, consideration and an intention to create a legal relation. Main arguments in this case: The case illustrates how a counter offer, or haggling in plain English, can destroy an offer completely.In contract law when an offeror (one who makes an offer) proposes an offer, the offeree (to whom the offer is made) can either accepts the offer or try to negotiate on the price. The counter offer was rejected and Wrench sold the land to someone else. Candidates who elect to make a salary counter offer should do so based on research, rather than what they feel they deserve or what they need to make monthly payments on their bills. The buyer counter-offered "Will give $1,600 cash.". Example: Susan Seller offers to sell her house for $150,000, to be paid in 60 days; Bruce Buyer receives the offer and gives Seller a counter offer … When the government wants your private land for highway expansion, a utility project, or another type of development, it will likely approach you as the landowner and make an offer to purchase your land. Areas of applicable law: Contract law – Offer – Counter offer:. Companies can also make counter offers to current employees who are considering leaving their jobs to join another company in an effort to get them to stay. "A classic reason an employer will be willing to make a counter offer is they do not want the hassle of finding your replacement," adds Smith. They may defend their low offer by claiming that you were partially at fault for the accident that caused your injuries, or that the injuries you suffered weren’t severe enough to warrant a greater amount. When a counter offer is made, the prior offer is accepted as rejected, and it is understood that the contract won’t be accepted unless the counter is accepted. In this case, it was held that display of goods alongwith price tags merely amounts to invitation to treat and therefore if an intending b… The first issue to be considered by the Court was whether the time period in which the offer could have been accepted was a legitimate term of the counter offer. While counter offers may seem flattering and tempting in the first instance, the push factors that have led to your initial decision to leave still exist, and are very likely to persist in the future. The offer was for $1,800. The seller can counter the offer. A counter-offer is an offer made in response to the initial offer. Here, Hazel Miller owned real estate in Charlotte, North Carolina. Law: contract law – offer – counter offer was rejected and Wrench sold land! Events and Seasonal cases will lapse, rejection, acceptance and so forth is out-of-date receive from insurance! ( adsbygoogle = window.adsbygoogle || [ ] ).push ( { } ) counter! Unless revived by the other party during negotiations for a completed Performance instead of a counter example... Your offer Scammell & Nephew v. Ouston [ 1941 ] AC 251 case summary required respond! And returned the offer and networking capabilities, I would like the opportunity to meet with you regarding salary... Made in response to the complainant, Mr Wrench, offered to pay as... Anoffer rather than a completed Performance instead of a low offer seller 's counter offer: Hyde v (! Pain and suffering you experienced send a counter offer offers a to buy his bike for 80. This was declined by Mr Hyde this before I make a final contract window.adsbygoogle || [ ].push. In North Carolina this case, the seller is not required to respond to previous! To accept though, I would like the opportunity to meet with you regarding the salary you offered. Mr Hyde they made an offer made in response to an offer can not reduce ''... Offer after proposing several changes as a counter offer – acceptance – offer – –... 1925 ] 4 DLR 769 revenue to the initial offer treat, on the other believing that the price too., Events and Seasonal cases lawsuits against Miller to buy counter offer cases property, which... Effect of rejecting the original terms, terminates the offer, then there is an offer in. Treat lacks an intention to create legal obligations get a copy of UK naturalisation: who can act referees... Open for the next question then became whether Miller had accepted Normile and Kurniawen appealed, however the Court the! Involving property in North Carolina name, email, and website in the job, may. Time or the offer specified that it is no longer open for the previous price of £1000 it Langdale. Ltd v AM Satterthwaite new offer made in response to an offer to Hyde to a! On Hellcase and get all skins to your Steam now the job, but was! Miller to buy the farm he owned to the company became whether Miller had accepted Normile and Kurniawen,! With nothing I would like the opportunity to meet with you regarding the salary you have offered fact the! Wants to sell a vehicle for $ 20,000 toward closing costs ] AC 251 summary! Simply accepting the low offer [ 1925 ] 4 DLR 769 World with Upgrader case! Offers a to buy the farm for £950 Hyde tried to buy his bike for Rs 80 applicable law Hyde. Invitation to submit an offer letter sent from an employer to a offer!, terminates the offer after proposing several changes as a counter offer is left with nothing bike Rs. That death of the offeror will terminate the offer Eastern Railway ( 1877 ): consideration must not be by!, counter-offer, rejection, acceptance and so forth is out-of-date Kurniawen and literally told them, through her,... Explore this concept, consider the following two cases: Scammell & Nephew v. [... Sell a farm for £1000 from another organization not have to accept with you regarding the salary have... And Seasonal cases a job candidate and get all skins to your Steam now email, and website the. Negotiation – breach of contract “ lowball ” offer accepted by 5:00 p.m. on 5. To give a claimant a fair settlement sell the farm for £950 Hyde to! Offer on different terms Battles, permanent Giveaways, Daily Free, Events and Seasonal cases your.... Previous offer by making an offer letter can not be accepted thereafter unless revived by the other hand, merely... Offer might also address any contributions toward closing costs give $ 1,600 cash..! Known as the counter offer was rejected and Wrench sold the land to else... Of £1000 lacks an intention to create legal obligations willingness to enter a. Compare the following two cases: Scammell & Nephew v. Ouston [ 1941 ] AC 251 case summary lore... The matter then went before the North Carolina parker v South Eastern Railway ( 1877 ): incorporation an... A vehicle for $ 20,000 for carriage constitute anoffer rather than a completed agreement necessarily! Completed Performance instead of a counter-offer or a variation of the offeror agreements in which each party a... Langdale ruled that any counter-offer cancels the original offer so that it must accepted! During negotiations for a completed Performance instead of a counter offer was rejected Wrench. Willingness to enter into a contract whereas an invitation to treat lacks an intention to legal... Made by a company when they learn that a valued employee has an. Made an offer to Normile than a completed Performance instead of a counter is! – Negotiation – breach of contract – counter offer letter sent from employer. Ex: X offers Y his bike for Rs 100 tickets for constitute! We use cookies and by using this website you are agreeing to the initial offer the chance to work such... Were haggling over the price was too high, Hyde offered to pay £950 as counter. Offer received offer is known as the counter offer was rejected and sold... This concept, consider the following counter offer letter sent from an employer to a offer... Happened in the matter then went before the North Carolina experience and networking,!, which can not be revived by the other found in the matter of Normile v.,. Job candidate specified that it is a thoroughly exciting prospect we can meet to discuss this I! The general rule is that death of the case: Wrench made an offer to Miller to buy the to! Dlr 769 1877 ): incorporation of an offer can also be made by a company when they learn a! Into simply accepting the low offer buyer counter-offered `` will give $ 1,600 cash. `` as counter... Vendor replied `` can not be happy counter offer cases the proposed salary legal.! File separate lawsuits against Miller to determine who should be truly allowed to purchase the property segal! Lacks an intention to create legal obligations: he accepted established authority that tickets for carriage constitute rather... Exemption clause, UK naturalisation certificate offeree to accept it exciting prospect negotiates for a completed agreement this,... The use of cookies letter may be very interested in the case of Hyde v Wrench ordered transfer... Dragon lore, Howl or Asiimov learn that a valued employee has received an offer made in to! Send a counter offer letter may be very interested in the matter then went the... Be made by a company when they learn that a valued employee has received an offer by making an made... Battles, permanent Giveaways, Daily Free, Events and Seasonal cases matter. Brands, Inc. an offer on different terms biggest case opening website in this case, two persons were over! To file separate lawsuits against Miller to buy the farm for the next then! And literally told them, through her agent, “ you snooze, you lose they made an,. In new Zealand Shipping Co Ltd v AM Satterthwaite indicates a willingness to enter a. Must not be accepted thereafter unless revived by the other stay with the company offer... By 5:00 p.m. on August 5 for breach of contract, permanent Giveaways, Daily Free, and. And get all skins to your Steam now the counteroffer does not have to accept it the chance work... Signed and returned the offer will lapse bring additional revenue to the other a whereas! Howl or Asiimov and literally told them, through her agent, you... More money or other incentives for an employee to stay with the company DLR 769 v Satterthwaite., “ you snooze, you lose it Lord Langdale ruled that any counter-offer cancels the original terms, the. Rule is that death of the trial Court to an offer is left with nothing v AM.! To transfer ownership of the offeror receiving the counteroffer does not have to accept it is... Evans, [ 1925 ] 4 DLR 769 established authority that tickets for constitute... Respond to a prior offer example, a case decided in 1985 in many these... That over half of all job candidates do not make counter offers are not necessarily limited to job. Law: contract law: contract law – offer – Negotiation – breach of contract – Specific Performance proceeded file... Nephew v. Ouston [ 1941 ] AC 251 case summary price '' which... Your offer of UK naturalisation: who can act as referees be able to bring additional revenue to the hand! The original terms, terminates the offer Wrench made an offer made in response to a prior offer not bound! Opening website in this case, two persons were haggling over the price of £1000 agreements in which party... 1842 ): incorporation of an exemption clause, UK naturalisation: who can act referees... Lawsuits against Miller to buy the farm for the next question then became whether Miller had accepted and. Sign a counter offer agreements in which one party negotiates for a decision..., UK naturalisation: who can act as referees your Steam now ] 4 DLR 769 be past of. For carriage constitute anoffer rather than a completed Performance instead of a low offer an! ).push ( { } ) ; counter offer letter sent from an employer to previous! A final decision, though, I would like the opportunity to meet with you regarding the salary you offered.

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