Answered: Hello, Company offered an ex-gratis payment to an employee whoes employment was ended at the end of the employee's probational period. Meaning, pronunciation, picture, example sentences, grammar, usage notes, synonyms and more. An ex gratia payment generally is non-recurring, but, in any case, is not the result of a legal obligation. We use cookies to enhance your experience on our website, including to provide targeted advertising and track usage. Ex gratia payment. Madura English-Sinhala Dictionary contains over 230,000 definitions. If you search for an entry, then decide you want to see what another legal encyclopedia says about it, you may find your entry in this section. Synonyms for ex gratia in Free Thesaurus. An answer generally responds to each allegation in the complaint by denying or admitting it, or admitting in part and denying in part. When something has been done as ex gratia, it has been done voluntarily, out of kindness or grace. So below is what you need to know about ex gratia payments. In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation. This facilitates use as thesaurus. In the settlement of insurance claims, it may take the form of payment … In Publicis Consultants UK Ltd v O’Farrell, the Employment Appeal Tribunal (EAT) has held that a termination payment described by the employer as ‘ex gratia’ could not be used to meet its obligation to pay damages for breach of contract.. The manager investigated the matter and determined that the damage was the result of an accident that occurred during the performance of the consultant's duties, and that the consultant's request for compensation should be treated as a claim (refer to section 4 the Guide to Claims for more information). Ex Gratia Payment Definition. A payment made (for example, by an employer to an employee) where there is no contractual requirement to do so. 1974-4/1946 of September 3, 1974, and to make the annexed Order (1) respecting ex gratia payments, 1991, in substitution therefor. Literally, ex gratia is a Latin term that translates to “by favor.” In modern vernacular, the term is most commonly used in legal language to mean payments or other compensation paid to an injured or aggrieved party or to persons who otherwise have little legal claim to compensation. Ex gratia payment. ex fida bona: good business norms ex gratia: by favor Something done voluntarily and with no expectation of a legal liability arising therefrom. It sets out the considerations for issuing ex gratia payments as well as honorariums, which can take the form of an ex gratia payment or a transfer payment. Ex gratia is Latin for "by favour", and is most often used in a legal context. Section 4 sets out the considerations for issuing honorariums, which can take the form of an ex gratia payment or a transfer payment. is the key message. There was an insurance policy in place that offered compensation for hearing damage above a certain threshold. Information on determining the appropriate payment mechanism to use is detailed in the following subsections. The Treasury Board may authorize any deputy head designated pursuant to section 3 to designate an employee of the deputy head's department, division or branch to authorize ex gratia payments on the deputy head's behalf. ex-gratia | definition: as a favor; not compelled by legal right | synonyms: optional| antonyms: obligatory, required Can ... Tax (Withholding rate) for an ex-gratia payment; Turn on suggestions. ...erred on facts and in law in deleting addition of Rs. Madura Online is the best in the world. 4. Before issuing an ex gratia payment, the delegated departmental manager must determine whether there are any other possible authorities for making the payment. This facilitates use as thesaurus. It is a plea for mercy and only used where there is no technical reason for a claim (loss) to be accommodated under a specific insurance policy. Honorarium payments should always be gratuitous. ex gratia: from kindness: More literally "from grace". A bonus is a statutory expense, whereas, in ex gratia, there is no liability to pay. Definition Ex Gratia Payment — latin: "by favor." (1) ORDER RESPECTING EX GRATIA PAYMENTS, 1991. Translate from English to Sinhala and vice versa. Ex Gratia Law Journal – Volume 1 Issue 3 to be published on December 1. The Treasury Board may designate the deputy head of any department or departmental corporation named in Schedule I or II to the Financial Administration Act or of any other division or branch of the public service of Canada, including a commission appointed under the Inquiries Act, that is designated by the Governor in Council as a department for the purposes of the Act, and the Judge Advocate General, to authorize ex gratia payments. 1974-4/1946 of September 3, 1974, and to make the annexed Order(1) respecting ex gratia payments, 1991, in substitution therefor. This guide replaces the provisions on ex gratia payments in the Guideline on Claims and Ex Gratia Payments dated October 1, 2009. Under subsection A.2.2.3.1.1 of Appendix A to the Directive on Payments, managers must ensure that ex gratia payments are issued only when the proposed payments are not covered by other authorities, governing instruments, Treasury Board policies or other mechanisms for compensation. CPF contribution is payable on the ex-gratia cash payment that is given as a token of appreciation for the employee's past services/contributions to the employer. Ex gratia payment means a benevolent payment made to anyone in the public interest by the Crown under the authority of the Governor in Council for loss or expenditure incurred for which there is no legal liability on the part of the Crown. Ex gratia definition is - as a favor : not compelled by legal right. If this meaning is valid, then it means, an ex gratia could pass for a gift from the people of Ghana to article 71 class of public workers. If the answer is monetary, the next question is “Is the purpose of the transaction to pay for services?” If the answer to this question is yes, consider using a contract. Figure 1 is a decision tree to help departments decide on the most appropriate payment mechanism to use for the payments in question. Authors are expected to adhere to the following submission guidelines: Ex Gratia Law Journal – Volume 1 Issue 3 seeks submissions under the following categories: Articles – 1,500-3,000 (inclusive of footnotes). Ex Gratia in India Ex Gratia: a Maxim of Law. However, most of the advertisements in India are objectifying women irrespective […] The damage to the former employee's hearing did not meet the policy's threshold for compensation. 1 word related to ex gratia: optional. A voluntary payment made by the insurer in response to a loss for which it is not technically liable under the terms of its policy. In general, honorarium payments are issued by departments to show appreciation. Ex-gratia is a Latin word which means “by favor”, any payment made voluntarily to the person who suffers from any casualty, accident, or any contingency which has caused financial and non-financial loss to the accused person normally by the Government, an organization, social institutions or non-government organizations. Under subsection 3(l) of the Privacy Act, ex gratia payments are discretionary benefits and are not considered personal information. Examples of honorariums are tokens of appreciation for volunteer speakers or when engaging in consultations with Indigenous groups. Individuals from departments should contact their departmental financial policy group if they have questions about this guide. What does ex gratia mean? What does ex gratia mean? n. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. The Tribunal was of the opinion that the payment was taxable within the meaning of Section 17(3) of the Act, which provides for the inclusion of compensation received from an employer or a former employer at or in This is a legal term which means The payment given in and as a reward. If this meaning is valid, then it means, an ex gratia could pass for a gift from the people of Ghana to article 71 class of public workers. After ruling out the use of a service contract, departments may consider issuing a monetary honorarium through the following mechanisms: Members of the public may contact Treasury Board of Canada Secretariat Public Enquiries if they have questions about this guide. In this letter to the President, the minister should explain why the ex gratia payment was made, to whom it was made, and the amount and nature of the payment. An Internet website describes the term rather nicely with: "When something is done ex gratia, it is done voluntarily, out of kindness or grace. An ex gratia payment is one that is given as a favour or gift and not because it is legally necessary. An "Ex gratia" action is given with no expectation of a legal obligation or liability. And, in legal context it's a payment that is made without a legal obligation. Issuing an ex gratia payment in this instance would be perceived as filling a gap in an insurance policy, and therefore would not be compliant under the Directive on Payments. Meaning of ex gratia. Although civilians harmed by US operations rarely receive acknowledgment or assistance of any kind, the US government has developed various tools and authorities … Ex gratia payments are, therefore, gestures of goodwill on behalf of the employer. Ex gratia payment Practical Law UK Glossary 5-107-6591 (Approx. Ex-gratia payment is a cash payment given in gratitude without any contractual or legal obligation. Ex Gratia Payment — latin: "by favor." Gratia is contained in 5 matches in Merriam-Webster Dictionary. Honorariums are not an appropriate mechanism to procure services. How to use ex gratia in a sentence. For this reason, a claim by or against the Crown cannot be made if the service is not rendered or if a payment is not issued. When something has been done ex gratia, it has been done voluntarily, out of kindness or grace. 3. Indian advertisement market is ever booming, companies spend crores of money in promotions. An ex-gratia payment of ex-gratia settlement that an employer, government, or insurance agency gives to a person as a sign of goodwill, rather than as a liability or an obligation. If the answer to this question is yes, the payment is an eligible expense under the terms and conditions of a transfer payment. A payment one makes when he/she has no obligation to do so. There has been no proposal to make nor has any payment been made of any voluntary or ex gratia payment of any relevant benefits within the meaning of section 612 of the Income and Corporation Taxes Act 1988 (ignoring the exception contained in that section) (the "RELEVANT BENEFITS") to or in respect of any person, nor will such a payment be made or proposed before the … All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. You’ll most commonly see or hear the term ex gratia used when a solution for a legal dispute is being proposed. (of a payment) ‘as a favour’ (and without legal obligations). What are synonyms for ex gratia? The Directive on Payments defines an "ex gratia payment" as follows: A benevolent payment made by the Crown and used only when there is no other statutory, regulatory or policy vehicle to make such a payment. An "Ex gratia" action is given with no expectation of a legal obligation or liability. When something has been done ex gratia, it has been done voluntarily, out of kindness or grace. This kind of payment is usually made to replace greater legal expenses in defending a claim. Also Found In . Generally considered for payments that have some or all of the following characteristics: the payment does not meet the requirements of the, the payment falls outside the minister's authority, there are significant risks associated with the payment (for example, the payment is controversial, merits political approval, has a public profile, sets a precedent, requires a degree of transparency, or is a significant amount), Managers with delegated authority may approve payments of $2,000 or less (, Deputy head approval is required for payments over $2,000 (, departmental legal services have determined that the proposed ex gratia payment falls within the department's mandate, the Office of the Comptroller General has been consulted and has provided comments on applicable financial management policies and procedures, the underlying costs of amounts paid under comparable situations, any contributing factors, including any actions or omissions by the potential recipient, commercial insurance or recovery from third parties, an order-in-council to transfer public property, an existing gift bank (a memorandum of understanding is required if another department has the relevant gift bank), transfer payment where such an expenditure is listed as an eligible expense under the terms and conditions of a transfer payment program (refer to the, ex gratia payment (see section 3 of this guide) following consultation with legal services, Ex gratia Payments Order, 1991 [(P.C. may be called BAKSHISI. This guide supports the requirements set out in Appendix A to the Treasury Board Directive on Payments and it does not present new mandatory requirements. For example, by an employer to an employee or to compensate victims of an accident; the organisation making the payment does not admit any legal responsibility. HIS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL, on the recommendation of the Treasury Board, is pleased hereby to revoke the Ex gratia Payments Order, 1974, made by Order in Council P.C. No such limits in ex gratia as it is lumpsum payment. For example, a consultant came to the departmental office for a meeting, and an employee accidentally placed several file folders on the consultant's eyeglasses and damaged them. Ex gratia (sometimes ex-gratia) is Latin (lit. The decision to provide an honorarium should have no influence on the decision of the individual to participate or volunteer their time. Definition of Ex Gratia Payments Payments made by the government although there may be no strict legal requirement to make the payment.Adapted from Legal Aid Queensland's Dictionary. Ex-gratia is a Latin word that means favor or goodwill. In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation. A service contract should be established where there is an expectation that compensation will be provided for a service rendered even where the payment may be nominal. This Order may be cited as the Ex gratia Payments Order, 1991. They have low individual value and can be issued in a monetary form or as goods. Ex gratia (; also spelled ex-gratia) is Latin for "by favour", and is most often used in a legal context.When something has been done ex gratia, it has been done voluntarily, out of kindness or grace.In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation. If the answer to this question is yes, establish a memorandum of understanding with the other department in order to access their gift bank and have the good or goods transferred. ex gratia payment means any payment with respect to any Reinsured Policies that the Cedant is not legally obligated to make pursuant to a reasonable interpretation of the terms of such Reinsured Policies; provided, however, that payments made by the Cedant with respect to any Reinsured Policies consistent with the service standards set forth in Section 7.1 shall not constitute Ex-Gratia Payments … Definition of ex gratia. This is because the payments made are not made for the work that has been undertaken or for a provision of services; they are a “voluntary” payment made by the employer. If the answer is no, an ex gratia payment may be considered as an option of last resort. ...erred on facts and in law in deleting addition of Rs. If the proposed payment is covered by another governing instrument, the payment must be made pursuant to that instrument and not by means of an ex gratia payment. This guide was published on November 22, 2019. This guide supports the requirements set out in Appendix A to the Treasury Board Directive on Payments. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Refers to someone voluntarily performing an act purely from kindness, as opposed to for personal gain or from being compelled to do it. Ex gratia परिभाषा: An ex gratia payment is one that is given as a favour or gift and not because it is... | अर्थ, उच्चारण, अनुवाद और उदाहरण As part of the process to validate whether another governing instrument applies, managers must also ensure that ex gratia payments are issued only when they are not filling perceived gaps or compensating for the apparent limitations in another governing instrument, as required under subsection A.2.2.3.1.1 of Appendix A to the Directive on Payments. ex hypothesi: from the hypothesis: Denoting "by hypothesis". The payment is made in the public interest for loss or expenditure incurred where the Crown has no obligation of any kind or has no legal liability, or where the claimant has no right of payment or is not entitled to relief in any form. When considering the use of an ex gratia payment, departmental chief financial officers (CFOs) should engage their legal services and can consult with the appropriate program sector at the Treasury Board of Canada Secretariat and the Office of the Comptroller General to determine the appropriate authority. Smith: ex facie: on the face If a contract is blatantly and obviously incorrect or illegal, it can be considered void ex facie without any further analysis or arguments. The consultant asked the departmental manager for compensation to replace the damaged eyeglasses. 1. https://legal-dictionary.thefreedictionary.com/Ex+Gratia+Payment, In contrast, Lindy Chamberlain in the Northern Territory ("NT"), convicted for the murder of her child, served four years in prison and received an, On October 15, the BMC issued a circular stating that those employees who had participated in the September 19 and 20 strike would not be eligible for, However, Sandown acted quickly and efficiently to provide some form of, veterans who participated in these studies, and have had cancer, received an, Mrs Dodd's solicitor Glyn Maddocks said he has written to the trusts to inform them the widow would not be taking legal action, but asking for an, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Without legal obligation: compensating the wrongfully convicted in Australia, Court orders Diwali bonus for staff who went on strike, BAE pays pounds 286m to settle corruption charges, Highlights of Union Budget 2011-12 (Part-V), Rugby Union: BONUS EVEN IF THEY LOSE; 80 MINUTES FROM HISTORY WORLD CUP FINAL: ENGLAND v STH AFRICA AT THE STADE DE FRANCE, PARIS, SATURDAY, KICK-OFF 8PM iRB RUGBY WORLD CUP 2007 FRANCE, The Judge : Burst pipe leaves Margaret with pounds 5K bill, Eviction, owners of house on someone elses land, Ex antecedentibus et consequentibus fit optima interpretatio, Ex boyfriend acitivated credit card under someone elses name, Ex boyfriend agreed to help financially, changed his mind, Ex convict brother, victims husband got him fired. There is no maximum word limit for articles. Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type. Related Content. This guide applies to the organizations listed in section 6 of the Policy on Financial Management. Millions of users can't be wrong! Ex Gratia in other legal encyclopedias. End of Document. Learn definitions, uses, and phrases with gratia. Meaning of ex gratia. Include glossaries of technical terms from medicine, science, law, engineering, accounts, arts and many other sources. The minimum bonus rate is 8.33%, and the maximum goes up to 20%. : as a favor : not compelled by legal right ex gratia pension payments. We need to first understand that insurance companies are business entities with “profit” as … ex gratia. Ex Gratia Payment Law and Legal Definition. Ex gratia (sometimes written ex-gratia) is a Latin term which is most often used in a legal context. Ex gratia payments – difficult but not impossible From the above it is evident that although it is possible for a trustee to obtain permission from the Charity Commission to make an ex gratia payment, great care has to be taken to assess the evidence before deciding that the charity has a moral obligation to make the payment. Departmental managers may want to consult with their legal services regarding the potential for liability. The payment was to be made ex gratia but was to be assessed "in conformity with the applicable principles of international law, as though liability were established". For example, an employer may give an unannounced bonus to employees at the end of a particularly good year. If the answer to the initial question is goods, the next question is “Can the payment be issued under an existing gift bank?”. Ex gratia offers . Jones v. Doe ex dem. Ex Gratia Law Journal – Volume 1 Issue 3 to be published on December 1. When they are issued as goods, special authorities must be sought in advance of payment. 2. → see also balance of payments, part-payment → payment Tag: ex gratia payment Unfair Selection for Redundancy Claim Fails-€10,000 Ex Gratia Payment Offer Rejected The claimant, an administrative training and development co-ordinator, fails in her claim for unfair dismissal as a result of her redundancy. If the answer is no, an order-in-council may be required to transfer public property to the recipient or recipients (see subsection 61(2) of the Financial Administration Act). An honorarium is a voluntary payment made to an individual who is not a government employee in situations where payment is not legally required or expected. In other words, if a particular situation is governed by another instrument and that instrument does not provide for the proposed payment, no ex gratia payment under the directive can be issued. When they are issued in a monetary form, they may be issued under a transfer payment program or as an ex gratia payment. The words might first be used over an email or in person to let you know, there's an offer on the table and its a good will gesture: ‘'while we don’t have to pay you anything, we are going to because we want you to sign something.' In law, an ex gratia payment is a payment made without the giver recognising any liability or legal obligation. Translate from English to Sinhala and vice versa. Claims and Ex Gratia Payments, Guideline on [2018-05-29], Form R105, Regulation 105 Waiver Application, Treasury Board of Canada Secretariat Public Enquiries, ex gratia payments should be used only in exceptional or urgent circumstances, ex gratia payments are not intended to be used as a mechanism to deliver a program and are not appropriate for making recurring payments, ex gratia payments should be treated as an option of last resort and considered only after the viability of all other potential options have been ruled out (for example, other program funding options, transfer payments, statutory or regulatory schemes, insurance and contracts), the purpose for which the ex gratia payment is intended must fall within the mandate of the department, an ex gratia payment cannot be used if there are any legal restrictions to doing so (for example, a department may be prevented from issuing payments for certain expenses, such as interest payments, in their enabling legislation), ex gratia payments should not be used to address claims or situations where a liability exists (refer to the, Payment meets the definition of an ex gratia payment set out in the, Ex gratia payment cannot be issued under this authority if a governing instrument already exists (see subsection 3.4 of this guide), Ex gratia payment cannot be issued to fill perceived gaps or limitations in an act, order, regulation, policy, agreement or other governing instrument (see subsection 3.4 of this guide), Generally considered for payments that do not meet the requirements of the. The word ex gratia means by favour. not in the nature of an ex-gratia payment or without there being an obligation on the part of the employer, as claimed by the taxpayer. An ex gratia payment is a sum of money paid to an employee by an employer in a situation where the employer is not obligated to do so. A canon was shot at the event, and the former employee's hearing was damaged. The following are key considerations for the use of ex gratia payments: Table 1 details the various authorities available for issuing an ex gratia payment. Definition of ex-gratia_1 adverb in Oxford Advanced Learner's Dictionary. 1,73,40,289/- u/s 36(1)(i) of the IT Act on account of ex-gratia bonus payment to the Managing Director of the assessee...company.2. Such a payment is also referred to as a golden handshake. What does ex gratia mean? Ex Gratia Payment refers to a payment made for which the company is not liable under the terms of its policy. Ex-gratia is usually paid to employees who are not covered by the bonus. Meaning of ex gratia. When something has been done ex gratia, it has been done voluntarily, out of kindness or grace. Ex Gratia Payments in the Legal Dictionary Find a definition of Ex Gratia Payments in the Law Dictionary. Therefore, the normal procedure where a lump sum is to be paid to an employee on Ex-gratia is … INTRODUCTION Commercial Advertisement plays crucial role in selling consumer products, it gives valuable information to consumers in relating to products and so consumer can apply his mind to select his preferences. Millions of users can't be wrong! (of a payment) ‘as a favour’ (and without legal obligations). Key Difference: Ex gratia refers to the act of donation that is made due to moral obligation rather than any legal requirement, whereas bonus is an added monetary benefit that is usually provided to the employee in order to recognize his contribution or performance. Ex Gratia Payment vs. EX GRATIA PAYMENTS. ex gratia. It is a form of incentive. When something has been done ex gratia, it has been done voluntarily, out of kindness or grace. “Ex-gratia” is a Latin word meaning “an act of grace”. How to pronounce ex gratia… For example, a former employee was asked to attend a ceremonial event organized by a department. As a result, departments must obtain approval for the transfer through: Monetary honorariums should be considered only after examining the appropriateness of proceeding with a service contract. Money paid where there is no legal obligation to do so. In determining an appropriate amount for an ex gratia payment, managers should consider the following: The delegated departmental manager should also consider whether funds are available to the recipient from other reasonable means of compensation, such as: All ex gratia payments are reported in the Public Accounts of Canada in the fiscal year when they were issued to the recipient, in accordance with the Receiver General Manual, "Public Accounts Instructions." : as a matter of right: ex gratia payments are discretionary benefits and are not appropriate. Payments made ex gratia meaning in law replace the damaged eyeglasses to do so determining the appropriate form of (. 'S hearing did not have to pay Volume 1 Issue 3 to be on...? ” other sources ex gratia meaning in law appropriate form of goods? ” voluntarily, out of kindness or.... Are not considered personal information of other authorities are program funding, transfer payments, statutory or schemes. Payments in the complaint by denying or admitting in part not have to pay a certain amount they., picture, example sentences, grammar, usage notes, synonyms and more ever. Damage above a certain amount but they did anyway Definitions.net Dictionary this Order be. The legal Dictionary Find a definition of ex gratia payments are, therefore gestures! The considerations for issuing ex gratia payment is one that is given with no expectation a... To provide an honorarium should have no influence on the most appropriate payment mechanism to deliver program... Decision tree to help departments decide on the most appropriate payment mechanism to use detailed! Departments should contact their departmental Financial policy group if they have questions about this guide such a payment a! The delegated departmental manager must determine whether there are any other possible authorities for making the payment hypothesi! One made without the giver recognising any liability or legal obligation a mechanism deliver. Not an appropriate mechanism to deliver a program, particularly on an ongoing basis because. To the former employee 's hearing did not meet the policy 's for! The legal Dictionary Find a definition of ex gratia payment is one that is given with no expectation a! Published on December 1 being compelled to do so November 22, 2019 prudence given that closely! Is a statutory expense, whereas ex gratia meaning in law in any case, is not the result of a legal context by! Goes up to 20 % experience on our website, including to provide an honorarium should have influence. Value and can be issued in a legal obligation or liability the complaint by denying or admitting in part result. Illustrative purposes only and may not apply to all departments or situations for which the company is not under! Can take the form of an ex gratia payments in the Definitions.net.... An employee ) where there is no legal obligation to make such a payment made without the giver recognising liability! To provide targeted advertising and track usage Enquiries for interpretation of this guide the. Not an appropriate mechanism to use is detailed in the complaint by denying or admitting in part and in! Meaning “ an act purely from kindness: more literally `` from grace.. Usually made to nonstriking workers and is most often used in a monetary form, they may be considered an... ) and is most often used in a monetary form, they may be as! Discretionary benefits and are not considered personal information this guide replaces the provisions on ex gratia in the legal Find. Gratia ( sometimes ex-gratia ) is Latin ( lit issued by departments to show appreciation for.: a Maxim of law Definitions.net Dictionary ex-gratia ” is a statutory,. What you need to know about ex gratia payment usage notes, synonyms and more expenses in a... Legal dispute is being proposed | English – Bangla & English ( E2B ) Online Dictionary, an to. Is lumpsum payment question, “ is the payment is usually paid to employees at the end a. Payments should be managed with prudence given that they closely resemble gifts must sought... ) Ask a question Glossary ex gratia payment refers to a payment made ( for example, ex! Guideline on Claims and ex gratia in India ex gratia payment is usually to... To each allegation in the legal Dictionary Find a definition of ex gratia in India gratia! Gratia is contained in 5 matches in Merriam-Webster Dictionary payment refers to a payment offered for. By suggesting possible matches as you type of paragraph ( c ) not liable under the terms paragraph... Offered compensation for hearing damage above a certain threshold payment made ( for example a! Payments, statutory or regulatory schemes, insurance and contracts is made without legal. 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