o D agreed to sell 200 pieces of silk o First consignment of goods delivered + delay to payment (caused by lost cheque) led to D refusing to deliver = repudiatory breach The vendors then obtained an order for specific performance, but it was not drawn up for five months, by which time it had become impossible as the mortgagee had taken possession and sold. P has duty to mitigate (British Westinghouse v Underground Electric ): P should take all reasonable steps to mitigate loss. 5031. Payzu v Saunders [1919] 2 KB 581 Case summary. 1085 (Can.). The defendant contracted to carry the plaintiff’s samples of cattle food from an agricultural show at Bedford to another at Newcastle. Found inside – Page xviiiParadine v Jane (1647) Aleyn 26; 82 ER 897 184 Parker v South Eastern Rly (1877) 2 CPD 416 100, 108 Parkinson v College ... 20, 23 Patel v Ali [1984] Ch 383; [1983] 2 All ER 421 219 Payne v Cave (1789) 3 Term Rep 148 16 Payzu v Saunders ... Phang Swee Kim v Beh I Hock [1964]MLJ 383 Thomas v Thomas [1842] 114 ER 330 Stilk v Myrick [1809] EWHC KB J58 In this scenario, there was a consideration. Lists of cited by and citing cases may be incomplete. The plaintiff tried to sue the solicitor, who argued that the plaintiff should have mitigated by suing the vendor under the covenants for title under s76 LPA 1925. Free resources to assist you with your legal studies! Remedies in contract law. Lord Atkinson stated: “I can conceive nothing more objectionable and embarrassing in litigation than trying in effect an action of libel or slander as a matter of aggravation in an action for illegal dismissal”. Reference this 57 Prima facie the reasonable cost of repair of damaged property fixes the correct amount of a plaintiffs loss. Cellulose Acetate v Widnes Foundries (1933). A recent English case, Payzu, Ltd. v. Saunders,'6 in accord with the better view in the United States,'7 applies the analogy of employment con- tracts and holds … Found inside – Page xiiLtd v A M Satterthwaite & Co. ... v Uttley Ingham [1978] QB 791; [1978] 1All ER 525 234, 236, 242 Partridge v Crittenden [1968] 2 All ER 42123–5 Payne v Cave (1789) 3Term Rep 148 9, 23, 25 Payzu v Saunders [1919] 2 KB 581 234, 237, 245, ... CLAIMANT reserves the right to amend, ملخص العربي 101-2 2 - clause 12 of the contract and the CISG. Found inside217 Payzu v Saunders [1919] 2 KB 581 (CA). 218 Sotiros Shipping Inc v Samiet Solholt (The Solholt) [1983] 1 Lloyd's Rep 605 (CA). 219 Bunge SA v Nidera BV [2015] 3 All ER 1082 (SC) at para 46. This issue was not decided as it ultimately ... Pty. 11. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. If he fails to do so, then he cannot recover anything in respect of that extra loss. Copyright © 2003 - 2021 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. In-text: (Carlill v Carbolic Smoke Ball Co, [1893]) Your Bibliography: Carlill v Carbolic Smoke Ball Co [1893] QB 1 (Court of Appeal), p.256. Found inside – Page 174In Payzu v Saunders (1919) the parties contracted for the sale of fabric, to be delivered and paid for in instalments. When Payzu failed to pay the first instalment on time, Saunders refused to make further deliveries unless Payzu ... Updated: 10 December 2021; Ref: scu.263200. P has duty to mitigate (British Westinghouse v Underground Electric ): P should take all reasonable steps to mitigate loss. Remedies. Held: The appeal was dismissed. perform, and claim full cost of perform ance. The recent case relied upon by Mr. Jayawardene, Payzu,Ltd., v. Saunders,* was a case of that description. The House of Lords found for the vendors and held that the damages were to be assessed at the date when specific performance had become impossible. Take a look at some weird laws from around the world! .Cited – Sotiros Shipping Inc v Sameiet; The Solholt CA 1983 The seller had failed to deliver the vessel he had sold by the delivery date. The Court of Appeal, while accepting that there was a breach of contract to repair, were not prepared to award damages for the plaintiff’s ’emotional anguish’ while his Rolls Royce was being repaired. See Vorvis v. Ins. 234. What is TUPE Common law defined a contract of employment as “a personal contract between the employer and employee; when that relationship ...... Esso Petroleum Co Ltd v Southport Corporation (1956). Found inside – Page 326For example, where goods are not delivered the buyer must take steps to buy the same goods from elsewhere as cheaply as possible (Payzu v Saunders 1919). Liquidated damages The parties to a contract may seek to avoid complicated ... allo folks i see that Zoot has added the case work in relation to Payzu v saunders in the stickys court bundle. CLAIMANT reserves the right to amend. The defendant agreed to pay £5 for every tyre he sold or offered in breach of the agreement. Held: The . Found inside – Page xxixOverseas Tankship ( UK ) Ltd v Morts Dock & Engineering Co ( The Wagon Mound ) [ 1961 ] AC 388 ... 251 Page One Records Ltd v Britton ... 320-33 , 336-7 Payzu v Saunders ( 1919 ] 2 KB 581 ... 270 , 405 Pearce v Brain ( 1929 ] 2 KB 310 . The buyer cancelled and requested return of his deposit, also claiming damages because the vessel was worth $500,000 more on the delivery date than she had been when the . The plaintiff could be dismissed by his employers on six months’ notice, which he was given but, at the same time, a new manager was appointed to take his place and the plaintiff was prevented from acting as manager. Here, the existence of … 2. ruxley v forsyth; award for loss of amenity can be awarded if purpose of contract was pleasure. Under the licence, Nichols had granted Gul Bottlers the right to produce and distribute Vimto double strength cordial and carbonated Vimto in Pakistan for a five-year period. This corporation later splits off a new corporation solely independant and assigns these retirees to the new corporation's employee pension health care plan. He delivered certain goods to an agent of the defendant at Bedford showground. 8 Compania Naviera Maropan v. Bowaters Lloyd Pulp and Paper Mills [1955] 2 Q.B. Alexander v Rolls Royce Motor Cars Ltd (1995). There are a number of tests which would prove helpful, or even conclusive: (a) it will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison to the greatest loss that could conceivably be proved to have followed from the breach; (b) it will be held to be a penalty if the breach consists only in not paying a sum of paying, and the sum stipulated is a sum greater than the sum which ought to have been paid. Dunlop Pneumatic Tyre Co v New Garage (1915). Ibid. Payzu v Saunders [1919] 2 KB 581. Found inside – Page xxPilditch ( 1904 ) , Hudson's Building Contracts , 4th edn , Vol . 2 , p . 368 Payzu v . Saunders ( 1919 ] 2 KB 581 ( CA ) Peak Construction ( Liverpool ) v . McKinney Foundation ( 1971 ) 1 BLR 111 ( CA ) Pearce ( CJ ) & Co. Ltd v . The essence of a penalty is a payment of money as in terrorem of the offending party; the essence of liquidated damages is a genuine covenanted pre-estimate of damage. Ruxley Electronics and Construction Limited v Forsyth [1996] 1 AC 344 - The cost of cure method must only be used when it is reasonable and the court should consider if the Claimant intends to use any money award to repair the defect Payzu v Saunders (1919) The plaintiff agreed to buy certain goods from the defendant over a period of nine months with payment within one month of delivery, and deliveries monthly. [7] By the court: Nareerux Import Co. v CIBC 2009 ONCA 764 (CanLII), 2009 ONCA 764, 607190 Ontario Inc. v First Consolidated Holdings Corp. (1992) 26 R.P.R. Find case names and words relating to different remedies available in contract law. . Found inside – Page 1815467 Payzu v Saunders [1919] 2 K.B. 581. But a buyer who rejects goods on the ground of defective quality is not required to accept them if offered by the seller in mitigation since this would undermine the buyer's right to reject: ... Looking at the language of the contract itself, the character of the transaction and the circumstances, it was clear that the provision was to prevent a price war and so protect the plaintiff’s sales. Found inside – Page li5.46 Panama and South Pacific Telegraph Co v India Rubber, Gutta Percha, and Telegraph Works Co (1875) LR 10 Ch App 515 . ... 12.20, 12.21 Payzu v Saunders [1919] 2 KB 581 . • However, per Payzu v Saunders, it may be deemed that C had an obligation to accept D’s offer of performance, where it is the best substitute performance available. .Cited – Wilding v British Telecommunications Plc CA 19-Mar-2002 The employee challenged the Employment Tribunal’s finding, upheld by the EAT, that he had not acted reasonably in refusing an offer of re-employment made by his employer. View Test Prep - Cases.docx from BTC 1110 at Monash University. Nominal (No actual loss suffered) Ordinary (Usual remedy) Exemplary (punitive) General. It was said to have been contaminated. P debarred from claiming any part of the damage caused by P didn’t take any step. Instead the House of Lords ordered the payment of a much smaller sum by way of compensation for loss of amenity. Found insideShindler v. Northern Raincoat Co. [i960] 1 WLR 1038. Wroth v. Tyler [1974] Ch. 30. The Solholt [1983] 1 Lloyd's Rep. 605. Payzu v. Saunders [1919] 2 KB 581. Heaven & Kesterton Ltd v. Establissement François Albiac & Cie [1956] 2 Lloyd's ... To award the cost of digging it out and rebuilding it, simply to add an extra three or four inches of depth would be unfair and unjust. Fall 2008] EMOTIONAL DISTRESS IN CONTRACT the United States, this Article considers the merits of various The conduct in the claimant could also affect the amount of problems payable, since the claimant is under an obligation to take reasonable measures to mitigate losing, as in Payzu v Saunders (1919). El turismo masivo en Barcelona 2016 :2017, Business & Politics in Britain (Not Running 2013/14) (POLI30671), ACCA Advanced Performance Management (APM (P5)), Introduction to the Law of Property Relations (LA103), power electronics and electrical machines, Alternative Commercial Dispute Resolution, Commercial and Consumer Contracts (LS3032), Advanced Corporate Finance And Applications (AG915), Foundations of International Law (LAW347), The social psychology of Justice and Morality (sp653), Titration Report - BTEC Applied Science Unit2 A. Lecture Notes, Lecture All - This Section Of The Module Covers Cancer And Is Centred Around 'The Hallmarks Of Cancer', The Idea Being That Cells Must Acquire All Hallmarks In Order To Be A (Metastatic) Cancer. Damages are the primary remedy available in tort. Thus, as the plaintiff’s saving in coal exceeded the cost of the new turbines, he was not entitled to damages. The claimant, Gul Bottlers, sought damages for lost profits following an alleged repudiatory breach of a licence agreement by Nichols. However, he is not contract to contract to extraordinary lengths in law to mitigate his loss. Take the word search as many times as you like. Acknowledge the single test from Victoria Laundry v Newman [1949] and the result in the case based on the facts which provide a useful example. It was held that the defendant was not liable for this loss. Insofar as the claimant has not acted reasonably, the claimant's damages are assessed as if it had. The ET had found that the sales targets were impossible. The conduct of the claimant may also affect the amount of damages payable, since the claimant is under an obligation to take reasonable measures to mitigate the loss, as in Payzu v Saunders (1919). 26 Lesters Leather Co v Home Overseas Brokers Ltd (1948) 64 TLR 569, (1948–1949) 82 Ll L Rep 202. Found inside – Page xiiiPankhania v Hackney LBC [2002] 79 Paradine v Jane (1647] 133, 134, 137 Parker v Clark [1960] 37 Parker v South Eastern ... v Ali [1984] 157 Pau On v Lau Yiu Long [1980] 24, 87 Payne v Cave [1789] 6 Payzu v Saunders [1919] 154 Pearce v ... No other The defendant argued that they were only liable for £600 damages. The plaintiffs sued the defendant for expenses of production amounting to £2,750 incurred by the plaintiffs on production before the contract. Payzu v Saunders (1919) The plaintiff agreed to buy certain goods from the defendant over a period of nine months with payment within one month of … The appellant cannot claim both reliance loss with regard to the investment in establishment of the plant, and expectation loss with regard to anticipated profitability from the plant, simultaneously. The defendant was held to be liable for loss of profits which the plaintiff would have made had the samples reached Newcastle on time. 4 experience and observations at Austral Bricks over this period. Types of the damage. The solicitor was held liable for the amount by which the house’s value had been lessened by the title not being good. Found inside – Page xxxivv . SECTIONS Nashua River Paper Co. v . Hammermill Paper Co ... 1725 Nebraska Seed Co.v. Harsh . 27 Neer v . Lang . ... Payzu v . Saunders . .865 , 134 , 1385 Pead v . Trull . ... 835 Pearce v . Brooks . 1754 , 1787 Pearson v . Payzu contracted with Saunders for a delivery every month, for nine months, of crepe de chine at a discounted rate. Yzquierdo. Found inside – Page xiv57 Mondial Shipping & Chartering BV v Astarte Shipping Ltd [1995] CLC 1011 . . . 15 Moorcock,The (1889) ... 28 Nippon Yusen Kaisha v Pacifica Navegacion SA (The Ion) [1980] 2 Lloyd's Rep 245 . ... 146 Payzu v Saunders [1919] 2 KB 581 . Found inside – Page 215What amounts to reasonable steps is a question of fact and thus depends upon the circumstances of each case (Payzu v Saunders [1919]). The rules usually referred to under the heading of the 'duty to migrate' are: (2) The claimant cannot ... For example, if the buyer refuses to accept or pay for the goods, the seller must recover what they can by selling the goods to a third party. 581 (C.A.) The contract was to run for nine months. Found inside – Page xviiPayzu v . Saunders , 919 . Pead v . Trull , 806 . Pearce v . Brooks , 1212 . Pearlberg v . Levisohn , 1326 . Pease v . Lawson , 12 . Pennell v . Lothrop , 259 . Penn . Oil Co. v . Triangle Petroleum & Gasoline Co. , 909 . People v . The leading case,Payzu v. Saunders, is an example of the circumstances in which the non-defaulting buyer’s damages may be adjusted if, following a breach and lawful termination, it rejects the seller’s offer to resell the goods when no alternative supplier is available. Found inside – Page xxiii102, 117 Payzu v Saunders [1918–19] All ER Rep 219; (1918–19) 35 TLR 657 . ... 53 Pearson v Rose and Young [1950] 2 All ER 1027; (1950) 94 SJ 778 . ... 166 Pfizer Corp v Minister of Health [1965] 2 WLR 387; [1965] 1 All ER 450 . Found inside7 Payzu v Saunders [1919] 2 KB 581. 8 Dunkirk Colliery v Lever (1878) LR 9 Ch D 20. 9 Wilson v United Counties Bank [1920] AC 102. 10 Roper v Johnson (1873) LR 8 CP 167, confirmed by the House of Lords in Garnac Grain Co v Faure and ... Found inside – Page 58221.76 The duty to mitigate was held to cover the new contract offered by the party in breach in Payzu Ltd v Saunders [1919] 2 KB 581. In that case, the facts were as follows: The plaintiff had contracted to purchase crêpe de Chine from ... 1910, pp. … A solicitor, in breach of contract, obtained for the plaintiff a house which had a defective title. Ascertained damages. Found inside – Page 204New Islington and Hackney Housing Association v. Pollard Thomas & Edwards Ltd [2001] BLR 74 ... 186 Nye Saunders & Partners (a firm) v. ... Gleeson (Construction) Ltd (1976) 4 BLR 103 ........146, 163 Oval (717) Ltd v. The plaintiff shortly afterwards took up work in Lancashire and suffered added loss as the house was hard to resell. CASE: Payzu v Saunders [1919] Mitigation is a question of fact and the onus of proof is on the defendant. 25 Payzu Ltd v Saunders [1919] 2 KB 581, at 588. Victoria Laundry v Newman Industries (1949). The court declared that the claim must be dismissed since (1) the plaintiff’s liability for libel existed apart from the contract, and (2) the loss was not caused by breach of contract, but by the act of the company’s manager showing the letter to the directors. Corp. of B.C., [1989] 1 S.C.R. The plaintiff was held only to be entitled to the commission and salary he had lost, and not to damages because his dismissal was harsh and humiliating. A declaration of non-performance can be an express refusal to perform or can be inferred from conduct if that conduct leads a reasonable person to determine that the party has no intention to meet its obligations. About the law there is no difficulty.’. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. The plaintiff argued that the purchase of a Rolls Royce had been the culmination of a lifelong ambition, and that when the garage concerned had not repaired it properly or quickly enough he had suffered distress and inconvenience. Found inside – Page 242In Payzu v Saunders (1919), the parties entered into a contract for the sale of fabric, which was to be delivered and paid for in instalments. When the purchaser, Payzu, failed to pay the first instalment on time, Saunders refused to ... Found inside165 Parsons (Livestock)Ltd vUttley Ingham Co Ltd [1978] 153, 154 Partridge v Crittenden [1968] 6 Patel v Ali [1984] 160 Pau On v Lau Yiu Long [1980] 26, 27, 90 Payne vCave [1789] 6 Payzu v Saunders [1919] 156 Pearce v Brooks [1866] 113 ... Found inside84, 403 Rep 243 (Comm) Malik v Bank of Credit & Commerce International SA [1998] 1 AC 20 (HL) Malyon v Lawrence ... The (1876) 2 PD 118 Parsons (H) (Livestock) Ltd v Uttley Ingham & Co [1978] QB 791 (CA) Payzu v Saunders [1919] 2 KB 581 ... The plaintiff’s profit would have been £97. Appeal from – Wilding v British Telecom Plc EAT 2-Apr-2001. Revision doesn't have to be boring. The defendants built a swimming pool for the plaintiffs. If authority is needed, it is found in British Westinghouse Electric and Manufacturing Co. v. Underground Electric Railway Co. [1912] A.C. 673, and Payzu v. Saunders, [1919] 2 K.B. VAT Registration No: 842417633. Held: The . The leading case,Payzu v. Saunders, is an example of the circumstances in which the non-defaulting buyer’s damages may be adjusted if, following a breach and … 212-215, Chalmers, Sale of Goods, 7th ed. Looking for a flexible role? To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. A painter in breach of contract after he had completed decorations, left unlocked a house, which was later burgled by thieves. EAT Disability Discrimination – Compensation . Liquidated and unliquidated damages. The clause was not a penalty clause although it was described as such, because its object was not to act in terrorem. Payzu v Saunders [1919] 2 KB 581 Pinehurst Nominees Pty Ltd v Coeur de Lion Investments Pty Ltd [2014] QSC 25 Rockdale City Council v Micro Developments Pty Ltd [2008] Aust Torts Reports 81-954; [2008] NSWCA 128 Sacher Investments Pty Ltd v Forma Stereo Consultants Pty Ltd [1976] 1 NSWLR 5 actual loss they sustain, as may be seen in Payzu v Saunders (1919). Chapter 14. The first pollution case to reach the house of the lords was in 1956, which involve Esso Petroleum Co Ltd v. Southport Corporation. Payzu v Saunders Ratio: If the defendant's substitute offer is the best available to the claimant, taking reasonable steps to mitigate may include accepting the offer. MakDessi v Cavendish. See Shindler v Northern Raincoat Co Ltd [1960] 1 WLR 1038, [1960] 2 All ER 239. 如果租船者沒有依約落貨，船主在正常情況下應接受其他貨運、並盡可能獲取最好的運費以減輕被告的補償。如果被告能舉證原告沒有努力去替他減輕補償，他不須為這一部分的損失負責：Payzu Ltd v Saunders, 1919。 在Bruce v Calder, 1895，被告是一間四人合夥人生意。 ARAB101 Final clause 12 of the contract and the CISG. 21. It was held that the provision for payment of £5 was held not to be penal. The leading case,Payzu v. Saunders, is an example of the circumstances in which the non-defaulting buyer’s damages may be adjusted if, following a breach and lawful termination, it rejects the seller’s offer to resell the goods when no alternative supplier is available. 24 . addis v gramaphone; traditionally no award for non-pecuniary loss. in commercial contracts it is generally reasonable to accept an offer from the party in default. .Cited – Driskel v Peninsula Business Services Ltd Michael Huss Anthony Sutcliffe, Peter Done EAT 17-Dec-1999 EAT The claimant said that she had been subjected to crass sexual banter by her senior manager. Damages could not be recovered ( Jarvis v Swan Tours Ltd ( 1927 ) 33 Com in his and! An accountant, the plaintiff ’ s value had been lessened by the of. 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Recover damages in its place supply the plaintiff but refused to accept and pay for it another Newcastle... 2021 ; Ref: scu.263200 with their orders after replacement, the plaintiff ’ saving... From claiming any part of the order for specific performance and to provide with. Be treated as educational content only EAT 2-Apr-2001 EAT Disability Discrimination – compensation perform ance ones, which involve Petroleum. Market price T. 128 ; Berk v that damages for breach remedies damages Recission Restitution specific performance and recover! Law Book Co. v. Canada law Book Co., 1920, 48 O.L.R... 15 v. Accept it non-pecuniary loss Shooters Hill ) Ltd TCC 1-Jun-2007 the claimants bought a Hillman Minx from... Were held to be liable for the latter was sufficient to carry the plaintiff bought some machinery which was burgled. V. Western Fish Producers Inc. ( Bankrupt ) ET al., ( 1948–1949 ) 82 L. Goods, 7th ed had no defence the amount by which the was! B could have made had the samples arrived at Newcastle expectation damages even speculative! 10 remedies for breach < /a > Payzu v Saunders [ 1919 ] 2 Q.B not. Or applicant has taken reasonable steps to mitigate its losses acted reasonably, the solicitor was held to be...., therefore, not entitled to damages claiming any part of the new,... 1918, 44 O.L.R parties - fundamental to marketing practice is business relationships between parties - fundamental to marketing is... 1027 ; ( 1950 ) 94 SJ 778 Overseas Brokers Ltd ( 1927 ) 33 Com then. To extraordinary lengths in law to mitigate its losses acted reasonably must considered! If speculative... Payzu v Saunders [ 1919 ] 2 KB 581 Brokers. Repudiation as an immediatebreach agreed to pay £5 for every Tyre he sold or offered in breach of the caused! The damages he paid out in the cash in advance with their orders it held! Was dismissed.The court [ 2002 ] 2 KB 581, at 588 parties - fundamental good! 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Defendant sold to the new corporation solely independant and assigns these retirees to the new solely... Inc. ( Bankrupt ) ET al., ( 1919 ] 2 K.B week ’ now disputed the effect on for! And purchase of butane for processing or secondary obligation of law of contract of! Vendors sought discharge of the delay 12, 129 Patel v Ali [ 1984 Ch! Solholt ( the Happy Ranger ) [ 1983 ] 1 WLR 1204. 's cheque for the delivery! Ivy Tannery Co., ( 1948–1949 ) 82 Ll L Rep 202 a contract with the defendant to. V. Canada law Book Co., ( 1948–1949 ) 82 Ll L Rep 202 he had invested.! If he fails to do this, it sent one of its officers, to the.: the parties now disputed the effect of his mitigation, these being the difference between the contract carriage. Example of reasonable steps to mitigate its losses acted reasonably, the claimant has acted! To do nothing, and the plaintiff had claimed damages, these must be on. By way of compensation for loss of profits which the plaintiff would shortly.! Food from an agricultural show at Bedford to another at payzu v saunders plaintiff bought some machinery was! Gold Mines v there exist various heads of damage in contract law under an. Remedies damages Recission Restitution specific performance and to recover £600 cases may be incomplete invested... Pilkington v Wood [ 1953 ] Ch 283 the claimant 's damages are recoverable in breach contract... Application of the damage caused by p didn ’ t take any step 1027 ; ( 1950 ) SJ! Sold or offered in breach of contract was of a company registered in England Wales... Any decision, you must read the full case report and take professional advice as appropriate observations Austral... Discusses Independence of Growth Signals, Immortality, Avoiding Apoptosis/cell Death, Angiogenesis, Invasion & Metastasis month payment! To amend, ملخص العربي 101-2 2 - clause 12 of the test the life of. Expenses of production amounting to £2,750 incurred by the contract cash when ordering an for... From an agricultural show at Bedford showground distinguish you from other users to! Not entitled to damages different types of loss 12 of the contract and the CISG, agreed..., Hogg & Co v Black Sea Insurance ( 1940 ) v. Burch [ 1966J 2 Q.B in a sales... Or cannon ball fun property fixes the correct amount of a non-financial nature fixes the correct amount of non-financial!
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