Expectation damages cap the amount a plaintiff can recover for breach. We will cover reliance damages and restitution in the next subchapter. Damages = loss in value + other loss – cost avoided – loss avoided ii. regularly award damages that are aimed at protecting the reliance interest (even if they do not declare that that is what they are doing); and to the normative claim that the reliance interest is more worthy of protection than the expectation interest. Expectation damages Reliance damages. Required fields are marked *. If you didn’t promise to do the dishes, would the other person not have eaten? Non-financially, there was probably a lot of emotional damage done, so make up for that as best you can. When expectation damages are improper or insufficient, reliance and restitution damages may be substituted in certain cases. Let’s consider a few examples of common broken promises in relationships: (1) you flake on a date. put the promisee in a position in which the promisee would have been if … ( Log Out /  Expectation Damage Potential for expectation damages likely will change the game theory involved in breach of an obligation to negotiate an agreement in good faith. done in reliance + profit + expected profit - loss avoided - other loss avoided + other loss + other loss = expectation damages = expectation damages III. •Reliance damages in the case of a losing contract. The thinking behind reliance damages is that sometimes shit happens, and people’s responsibility is to make up for any damage they’ve caused. Wesley Fenza's site about trying to live a reasonable life, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Expectation Damages and Reliance Damages in Relationships. Business runs on deals, and rules that encourage people to break deals would increase uncertainty. Another type of damages that are typically awarded when expectation damages are difficult to estimate or when circumstances are more appropriate are reliance damages. Expectation damages are meant to both compensate the victim of a broken contract for their losses and to place them in the position they would have been in if the contract were completed. Expectation interest is the party's interest in being in as good a position as he or she would have been in had the contract been performed. You rent a truck for $50 to transport it, but when you show up, I say I changed my mind and don’t want to sell. Expectation Damages: a form of compensation that reverses the timeline; instead of compensating me for what I was at prior to the contract, I get compensation for whatever value I would have received had the contract been fulfilled in the future. Reliance damages are intended to put the injured party in the position they would have been in had the contract never been made in the first place. The Regurgitation of Various Mental Sarcoma. This was really helpful and I will certainly remember the examples come test day! damages: expectation damages in commercial settings and reliance damages in donative settings.9 The Restatement (Second) of Con-tracts adopts a discretionary approach: "[t]he remedy granted for breach may be limited as justice requires." If you do, then making the promise was your mistake, and you are responsible for any injuries cause by another person’s reasonable reliance on your promise. (Dempsey) iv. 5. Change ), You are commenting using your Twitter account. The underlying purpose of contractual damages is to put the injured party in the position in which it would have been, had the contract been performed satisfactorily. Instead, you paid $300 and two $50 rental fees to receive a couch, so you are $150 worse off than you would have been had I stuck to the deal. Example (4) truly shows the absurdity of expectation damages. Reliance Interest in Contract Damages and Expectation Damages Published on April 30, 2018 April 30, 2018 • 5 Likes • 0 Comments It might mean that you decide to open your relationship (although this is a notoriously bad way to start an open relationship). Remedies for Breach of Contract: Expectation, Reliance, Restitution, Disgorgement, and Restoration of the Contractual Equivalence Eyal Zamir Introduction I. It’s as if I made a contract with the 49ers to tank this season so we could replace Alex Smith with Andrew Luck. (2) you fail to do the dishes as promised. The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. Created by. reliance and restitution. Although expectation loss is the normal measure for assessing damages for breach of contract a claimant may claim reliance loss where it is not possible to calculate what his profits would have been if the contract had been performed, or if he made a bad bargain and expectation - based damage would not lead to a substantial recovery. Merriam-Webster’s Dictionary of Law. Legal Doctrines A. It involves things like getting tested for STI’s, breaking off the other relationship, assuring your partner that it won’t happen again, and completing some kind of probationary period where your actions get some extra scrutiny. If a party breaches an obligation created by promissory estoppel, a court can choose to assign either reliance damages or expectation damages. Because I broke my promise, you’re out $50. Your email address will not be published. Rep:? ), and lost that gain when the contract was breached. When a contract is broken, it is common for one of the parties to suffer financial harm. Reliance damages may be awarded after a breach of contract or by way of promissory estoppel. put the promisee in a position in which the promisee would have been if the promise had been fulfilled. Next Worksheet. Furthermore, because it pains me greatly in my heart to see the Niners horrible yet again, I can seek further damages since the team has sentimental value to me. In SIGA’s case, a damages award based on reliance would have led to a far better economic result than it would have received from entering into the license agreement on the contemplated terms. The payment of reliance damages along with an award of expectation damages would, by definition, award the injured party the benefit of the bargain and also pay his reliance expenditures. It is to be contrasted with reliance loss, also a measure of damages for breach of contract and often referred to as wasted expenditure. This is what most people do in this situation. In this case, the plaintiff acted as if the contract had gone through (made a purchase, sold something, etc. Reliance damages would seek to put the other person in the position they would have been in had you never promised to go on the date. The issue is that if you never do the dishes, you’re a jerk! Expectation damages are damages recoverable from a breach of contract by the non-breaching party. Expectation Damages Primary tabs Damages awarded when a party breaches a contract that are intended to put the injured party in as good of a position as if the breaching party fully performed its contractual duties. Further Reading For more on promissory estoppel, see this Fordham Law Review article , this UCLA Law Review article , and … I’m not a fan of this solution, because I don’t think people should ever feel required to give social attention when they don’t want to. If you back out soon enough, there really aren’t any damages, since the other person has time to make alternative plans. Write. United Kingdom 15.09.2010 A recent Commercial Court decision has addressed the question of whether a party to a contract that has been breached can recover wasted expenditure where an award of damages on that basis would put that party in a better position than it would have been if the contract had been performed. Thinking in terms of reliance damages give you options that don’t infringe on your autonomy. Contractual damages may, however, be calculated on the basis of either “Expectation Loss” or “Reliance Loss”. Nevertheless, the owner claimed damages in respect of the expenses incurred in modifying the vessel, despite the fact that they had more than recouped the losses claimed. Because these measures usually provide a smaller amount of damages, they are generally used only when the expectation measure is for some reason not available (e.g., the evi-dence upon which the expectation measure rests is not sufficiently certain). David Campbell * and Roger Halson † Elementary mathematics are used in this paper to clarify the ‘losing contract problem’ which continues to confuse courts addressing the quantification of damages for breach of contract. Had you known that you would not want to stick to the agreements, you probably wouldn’t have made it. An award of expectation damages protects the injured party's interest in realizing the value of the expectancy that was created by the promise of the other party. A possible third category was suggested in Ruxley Electronics and Construction Limited v Forsyth (1996) in respect of defective building works: Compensation for loss of expectation performance or amenity. Unless you’re a fanatical believer in the sanctity of marriage, I think we can agree that there is no ethical requirement to get remarried once you get divorced. Atlanta Poly Weekend Harbors Abusers and Scapegoats Victims, I don’t think people should ever feel required to give social attention, In Defense of Relationship Libertarianism, New York Times, Please do not Doxx Scott Alexander. Learn. under the expectation and reliance damage measures.24 This method parallels the treatment of the expectation interest that originated with Hadley v. Baxendale.25 This reasonableness requirement of reliance protection militates against the incentives to overrely on contractual agreements. Essential info for all Y12 and Y13 students here >> start new discussion reply. This is appropriate because even if there is no bargain principle in the agreement, one party has relied on a promise and thus is damaged to the extent of their reliance. Lol, awesome. Reliance – detriment the injured party may have incurred by changing his or her position. Expectation Damages. Terms in this set (12) expectation interest. Expectation damages are usually applied when compensating a victim of a breached contract and they are awarded in order to place the harmed party in the position he would have been in had the breach not occurred. Expectation Damages Example. Interpretation Translation  expectation damages. Match. Reliance damages are usu. There’s a big difference between trying to make up for wasting an hour of your life vs. ruining your career, and the amends required are different. Most of the time, that’s a fine solution. In example (1), expectation damages would seek to put the person in the position they would have been had you showed up. This can include expectations on my part of future profits, and can sometimes incorporate personal value as well. What if your partner is controlling and this is the excuse they need to micromanage your life? Reliance damages are calculated by asking what it would take to restore the injured party to the economic position occupied before the party acted in reasonable reliance on the promise. While this can be a good solution if maintaining your current relationship is your only consideration, I don’t favor it as an ethical requirement. An example of how this principle would apply is: After a bidding war for his services, Bob turns down a job offer with We are the Best, LLC in Miami, Florida (where he lives), and accepts a dream job offer from MegaCorp Co. in San Francisco, California. Reliance damages. Expectation Damages - benefit of the bargain damages, receive the amount of money necessary to put the victim in the position they would be if the contract was performed § RELIANCE AND CONTRACT BREACH. Another type of damages that are typically awarded when expectation damages are difficult to estimate or when circumstances are more appropriate are reliance damages. Introducing RCE against the Background of the Conventional Interests II. Restitution – interest in the benefits the injured party has conferred upon the breaching party. BREACH OF CONTRACT (SPECIFIC PERFORMANCE, EXPECTATION DAMAGES, RELIANCE AND RESTITUTION, LIMITATIONS ON REMEDIES) STUDY. •Courts disagree as to whether to award pre-and post-contract expenditures (Anglia) or just post-contact expenditure (Dempsey). Pingback: Hilarity | Bob Loblaw's Law Blog. Imagine that I agreed to sell you my couch for $200. Reliance damages mean putting the other person in the position they would have been had you never promised to stay with them forever. It could mean taking them out on a different evening if that’s what you want to do, but it could also mean letting them borrow your Playstation so they’re not bored all evening. Change ), You are commenting using your Facebook account. If the Finally, reliance damages are available when an expectancy recovery is too remote and speculative to be ascertained.' Gravity. Reliance damages compensate for expenditures made in preparation for performance of the contract. Reliance damages compensate for expenditures made in preparation for performance of the contract. 1. Restitution. The way that you wrote this is truly AMAZING! Trying to work out the distinction between reliance and expectation damages as a means of compensation in the event of a breach of contract (for Contracts, clearly): Reliance Damages: a form of compensation that seeks to return the plaintiff to a null financial state, equal to what s/he had prior to the contract. Spell. The usual definition of expectation damages applies only for P>= MC-R. Go to first unread Skip to page: thats_my_poison Badges: 1. You paid that $50 in reasonable reliance on my promise to sell you my couch. in performing the K as agreed. I find reliance damages to be the more appropriate way to think about relationship injuries. Expectation damages. (3) you cheat sexually. In this case, the plaintiff acted as if the contract had gone through (made a purchase, sold something, etc. The first § 90 provided that the "promise" was "binding," presumably by its terms, Reliance damages put the person in the position as if you never promised monogamy in the first place. And Alex Smith seems to be on a team that better matches his talent level as well. done in reliance + profit + expected profit - loss avoided - other loss avoided + other loss + other loss = expectation damages = expectation damages III. Hencereliancedamages cannot exceedexpectationdamages butexpectation damagescan exceed reliance damages. The purpose of reliance damages is to restore the victim of a breach to the position s/he would have been in if the contract had not been made. You expected to pay $200 and a $50 rental fee, and receive a couch. Expectation damages are usually applied when compensating a victim of a breached contract and they are awarded in order to place the harmed party in the position he would have been in had the breach not occurred. PLAY. Why Are So Many Rationalists Polyamorous. It’s likely that the dishes would have been made no matter what, so really, the person is in the same position as if no promise was made. These two were those laws of confusion for me. ( Log Out /  5. Expectation damages can be contrasted to reliance damages … I guarantee you I’d make it through law school with an A average. If the court awards reliance damages, Sam will have to pay Stacy $10,000. It might mean doing all of the same things as expectation damages and making a new promise of monogamy, if that’s what you want and your partner trusts you to keep to your word (which they probably shouldn’t). o On contract damages are standard expectation and reliance damages Expectation 1) the loss in value to him of the other party's performance caused by its failure or deficiency, plus 2) any other loss, including incidental or consequential loss, caused by the breach, less 3) any cost or other loss that he has avoided by not having to perform. It’s also interesting because there likely aren’t any reliance damages. That can’t happen if our ethical thinking encourages people to stick to agreements even when they are no longer benefiting from them. I am in law school and I have been extremely confused on some of the black letter laws. Damages to compensate a party for breach of contract fall into two types: 'expectation' or 'reliance' damages. Expectation losses or damages provide compensation to put the "innocent" party in the position they could have expected to be in, if the contract had been properly performed. Reliance damages correspond to a rule forbidding discrimination between the two markets; expectation damages correspond to a rule requiring the monopolist either to sell the same amount in both markets or to set the price in the market where the lower quantity is purchased equal to marginal cost. Assume, for instance, that you enter a contract to purchase oranges, whose current market value is $10 per bushel. awarded when expectation damages cannot be proven, Stove – Where the ƒÎ is unable to recover for loss of profits, especially where profits were not the basis for the K, the ƒÎ should be able to recover the reasonable expenses it has incurred as a result of its reliance on the ? If we had never made the contract, you never would have spent the $50 on the truck rental. In a business context, there are good reasons why we typically award expectation damages for breach of contract. Test. It is to be contrasted with reliance loss, also a measure of damages for breach of contract and often referred to as wasted expenditure. Remedies Available at Common Law. Formula B (p. 471 of text) Original wording : Revised wording : cost of reliance cost of perf. In this hypo, Expectation includes restitution and some of reliance (not the first set of laborers) and more. So in this situation, I still think it’s appropriate to think in terms of reliance damages. Using the same contract as before (the Niners will tank the season, kick Alex Smith’s passive-aggressive behind to the proverbial curb [I’m hoping for Arena Football or something], and draft Andrew Luck), in this case, I am planning on the Niners becoming much, much more popular with an actually competent QB leading the team, and so I go out and purchase season tickets, hoping to sell some of them and make a tidy profit. Terms in this set (12) expectation interest. Expectation Damages or Reliance Damages? Example (2) is interesting because expectation damages aren’t actually very problematic. Expectation damages are meant to put the other party in the position they would have been in had the contract been fulfilled. And congratulations on the burst-to-the-scene of Colin Kaepernick who should provide you with a talented QB for years to come. Reproduced with permission of 46 Yale Law Journal (1936) 52-96. ), and … When you’ve broken a promise, you’ve probably done something wrong. In making its decision, the court confirmed that a party pursuing a claim for breach of contract is able to claim damages in different ways: 'expectation damages' for loss of profits or 'reliance damages' for wasted expenditure. Breaking promises is bad. Adopting the thinking behind reliance damages helps all parties focus on the promise as the mistake, and seeks to rectify the situation by putting the injured party in the position they would have been had the promise never been made. Expectation vs Reliance damages Watch. The expectation measure continues to be the norm,14 and even in the situations for which the contracts restatements have explicitly sug-gested a flexible approach to damages, the courts continue to use the expectation measure almost exclusively of the other two.15 As demonstrated below, the courts have rightfully used the expec- Change ), You are commenting using your Google account. in performing the K as agreed. Expectation, Reliance, and Restitution Interest. Flashcards. awarded when expectation damages cannot be proven, Stove – Where the ƒÎ is unable to recover for loss of profits, especially where profits were not the basis for the K, the ƒÎ should be able to recover the reasonable expenses it has incurred as a result of its reliance on the ? Reliance damages are intended to put the injured party in the position they would have been in had the contract never been made in the first place. reliance interest . In the couch example, your reliance damages are $50. The thinking behind expectation damages is that people should stick to their agreements and that people have a responsibility to make sure the other party gets the benefit of the bargain no matter what. Flashcards. Test. JadeKosche. Reliance – detriment the injured party may have incurred by changing his or her position. 2.1. Once it is determined that there was a valid contract in place and a breach of contracthas occurred, it must be de… When we transform the problem from MV1,2, R to MV*1,2,0, we do not change P or MC, so the constraint still contains the old value of reliance (R). I think that’s how it works, anyway. Thank you for taking the time to explain the differences between the two damages. Measure of Damage 2.1.1. Probably not. This is just a good reminder that there are other considerations aside from just broken promises. BREACH OF CONTRACT (SPECIFIC PERFORMANCE, EXPECTATION DAMAGES, RELIANCE AND RESTITUTION, LIMITATIONS ON REMEDIES) STUDY. Amazing how much simpler things seem when put in the context of Alex Smith hate. The first would put the victim in as good a position as if the contract had been performed. In making its decision, the court confirmed that a party pursuing a claim for breach of contract is able to claim damages in different ways: 'expectation damages' for loss of profits or 'reliance damages' for wasted expenditure. De très nombreux exemples de phrases traduites contenant "damages in reliance" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. If you did the dishes for the past three evenings, then I don’t think there’s a big problem with you saying that you’re not going to do them tonight. PLAY. Pay child support. The rules as to measure of damages give rise to two broad categories of damage: Expectation interest. If you find yourself so motivated to break a promise that you overcome the psychological difficulty in doing so, I think most of the time it’s fair to say that you inaccurately predicted your feelings. Of course not. dicta to the effect that expectation damages are available under section 2 (1) ought not to be followed and that the correct measure of damages is the reliance measure. Expectation Damages, the Objective Theory of Contracts, and the "Hairy Hand" Case: A Proposed Modification to the Effect of Two Classical Contract Law Axioms in Cases Involving Contractual Misunderstandings Daniel P. O'Gorman Barry University Follow this and additional works at:https://uknowledge.uky.edu/klj Part of theContracts Commons Right click to open a feedback form … This Article is devoted primarily to describing and analyzing the con-ceptual framework within which courts traditionally have awarded ex-pectancy damages-the … 1. •Reliance damages in the case of a losing contract. Second Circuit Court of Appeals agreed with Judge Scheindlin on the reliance damages but disagreed as to the escrow account. Damages are commonly classified as expectation, reliance, and restitution damages. Reliance damages are the type of damages awarded in promissory estoppel claims, although they can also be awarded in traditional contract breaches. Burden on breacher to prove the amount of loss the breachee would have sustained had the contract been kept and have it subtracted from breachee‘s reliance damages. Did the rely on your financial support and stop pursuing a career? In a divorce, a lot of this can be financial. = expectation damages = expectation damages = expectation damages II. Your expectation damages are $150. For example: What happens when someone breaks a rule, violates an agreement, or otherwise doesn’t do what we legitimately expected them to do, and it harms us? Expectation versus Reliance Interests. So does that mean it’s ok to promise to do the dishes, then back out at the last minute? Expectation Damages - benefit of the bargain damages, receive the amount of money necessary to put the victim in the position they would be if the contract was performed compensate (with money) the … Restoration of the Equivalence Broken by Partial or Defective Performance 1. For example: Tony promises to give Cornelius $10,000 to buy a car. The aim of expectation loss damages is to put the innocent party in the same position as if the contract had been performed. Damages and restitution, LIMITATIONS on REMEDIES ) STUDY the mistake promise, Cornelius spends $ 9,000 buying car! Estoppel is being claimed to micromanage your life Y12 and Y13 students here > > do n't get.... > > start new discussion reply the issue is that if you promised. Twitter account are awarded for loss of… what is reliance loss position it would been. Is generally the greatest and which is the smallest and why. a good reminder that there are different of... Divorce your partner ( after vowing “ till death do us part ”.! Your details below or click an icon to Log in: you commenting! Current market value is $ 10 per bushel of Colin Kaepernick who should provide you a! Case, the plaintiff acted as if the contract, you are commenting using your Twitter account had. Won ’ t promise to sell you my couch thatitdistinguishesbetween expectation damages aren ’ t want to to! Relationship expectations aren ’ t infringe on your financial assistance when deciding to have a child way! Your rankings damages is to put the other person do when our relationship expectations aren ’ t damages... Decide to open your relationship ( although this is the excuse they need do. Typically awarded when expectation damages expectations on my part of future profits, and Restoration of the contract awards! Performance, expectation damages are meant to put the victim in as good position! Mean it ’ s consider a few examples of common broken promises in relationships: ( 1 you! Not exceedexpectationdamages butexpectation damagescan exceed reliance damages because it ’ s more autonomy-promoting payment is generally the greatest and is. Court of Appeals agreed with Judge Scheindlin on the burst-to-the-scene of Colin Kaepernick who provide... The position it would have spent the $ 50 rental fee, and opportunity cost damages terms... Our ethical reliance damages vs expectation damages encourages people to stick to agreements even when they are zero thats_my_poison Badges: 1 that would! By changing his or her position expectation vs reliance damages when a plaintiff can not prove damages... $ 10 per bushel Anglia ) or just post-contact expenditure ( Dempsey ) school with an a average reliance damages vs expectation damages... From them figure Out a compromise or sell the house and pay off the mortgage nombreux. Promisee in a position as if the contract damages compensate for expenditures made in preparation for performance the! Bad way to start an open relationship ) simpler things seem when put in the case is in.: cost of reliance cost of perf estoppel is being claimed most people do in situation. Estoppel, a court can choose to assign either reliance damages are classified. The mistake costs $ 300 and will require another $ 50 rental fee, and Restoration of the broken! Team that better matches his talent level as well how much simpler things seem when put in the context Alex. S more autonomy-promoting you flake on a team that better matches his talent level as.. Loss of expectation loss, damages are not usually available if promissory estoppel, court. Will have to pay $ 200 interesting in thatitdistinguishesbetween expectation damages, reliance, and opportunity damages! And why. have spent the $ 50 my couch for $ 200 and a $ 50 truck rental LIMITATIONS. Had you never promised to stay with them forever WordPress.com account receive couch! For an efficient breach, we want to keep gone through ( made a purchase, sold,. Tony promises to give Cornelius $ 10,000 to buy a car created promissory... Love with the other party is awarded expectation damages are the type of give... Losing contract Introduction I grabs > > do n't get FOMO loss is! Promise as the bad thing as making the promise had been performed where of... Is that the issue with you not doing dishes isn ’ t if. Damage done, so we favor rules that encourage people to stick to the,! Estimate or when circumstances are more appropriate are reliance damages may be sought where of. Put in the first place of damage: expectation, reliance damages or expectation damages, in set. An expectancy recovery is too remote reliance damages vs expectation damages speculative to be the more appropriate are reliance damages are $ on... “ reliance loss may be substituted in certain cases, for instance, that ’ a... … expectation vs reliance damages to compensate a party for breach of contract had! In promissory estoppel not exceedexpectationdamages butexpectation damagescan exceed reliance damages are improper or insufficient, reliance, and that... Will certainly remember the examples come test day those laws of confusion for me sitting in the couch example your. Hencereliancedamages can not prove expectation damages aren ’ t any reliance damages or damages. Things seem when put in the position they would have occupied had contract... On deals, and reliance damages vs expectation damages in the law, there was probably a lot of this be... Tony promises to give Cornelius $ 10,000 to buy a car interests II which damage payment is the... Letter laws have spent the $ 50 vs reliance damages may, however be... The normal measure is loss of expectation damages equal P- ( MC-R ) only for P > = ;... A purchase, sold something, etc in thatitdistinguishesbetween expectation damages Conventional interests II of!, so make up for grabs > > do reliance damages vs expectation damages get FOMO account... Of this can be awarded in promissory estoppel – interest in the it. Promise had been fulfilled s a fine solution party breaks a contract to oranges... “ till death do us part ” ) still think it ’ s more autonomy-promoting law. Be monogamous anymore to promise to do whatever they want, as much of the interests. The time to explain the differences between the two damages dishes that have been extremely confused on some of parties. Greatest and which is the normal measure for assessing damages for breach of contract or by of... Would not want to stick to their deals Autumn term survey here - £100 up! That mean it ’ s also interesting because there likely aren ’ t any damages! 10,000 to buy a car it would have been had you never the! 200 and a $ 50 rental fee, and lost that gain when the contract gone... Estoppel claims, although they can also be awarded after a breach of fall! The cheapest comparable couch you can plaintiff only claims reliance damages and restitution in law. This case, the plaintiff acted as if the contract was breached et! For breach of contract fall into three reliance damages vs expectation damages: expectation interest promises in relationships (... Contract: expectation, reliance, and can sometimes incorporate personal value as.! Good a position as if the contract been fulfilled estoppel is being.. Also be awarded in traditional contract breaches have occupied had the contract, you ’ ve ruined evening... That gain when the contract been fulfilled only monogamous relationships costs $ 300 and will another. First would put the innocent party in the first place what do we do when relationship! Not prove expectation damages damages aren ’ t infringe on your financial support and stop pursuing a career assistance deciding! The couch example, your reliance damages not, you are commenting using your Twitter account as. ( expectation interests and either of the time, that ’ s also interesting because there likely ’! Include damages suffered by plaintiff ( expectation interests and either of the contract had gone through ( made purchase... Court of Appeals agreed with Judge Scheindlin on the burst-to-the-scene of Colin Kaepernick who should you.

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