About this course: In order to understand the common law we need to ask some critical questions. General Principles of Law in International Law and Common Law Conseil d’Etat, Paris Lord Lloyd-Jones, Justice of The Supreme Court 16 February 2018 General principles of law as a source of international law I was pleased, but a little surprised, to discover that Article 38(1)(c) of the Statute of the and domestic law legal principles. This substantially revised work on South African criminal law incorporates the latest crime statistics, succinct critical observations on restorative justice, and information on victims' rights and compensation in its review of criminal law in the first decade of democracy in South Africa. Facebook. Chapter 8 Principles Of Contract Law. The principle recognises historical differences in the contributions of developed and developing States to global environmental problems, and differences in their respective economic and technical capacity to tackle these problems. %%EOF 15. Download with Google Download with Facebook. Download Full PDF Package. principles in both common law and civil law, but there are some important dif- ferences related to damages. h�Ėmo�6�� BASIC PRINCIPLES OF ENGLISH CONTRACT LAW INTRODUCTION This Guide is arranged in the following parts: I Formation of a Contract II Contents of a Contract III The end of a Contract I FORMATION OF A CONTRACT 1. This substantially revised work on South African criminal law incorporates the latest crime statistics, succinct critical observations on restorative justice, and information on victims' rights and compensation in its review of criminal law in the first decade of democracy in South Africa. In this analysis, two general principles stand out. McCubbins and others published Concepts of Law | Find, read and cite all the research you need on ResearchGate �ف�d�� �@�U�-�"�v�a`�`g0t�gHR �A��]q7H!�iIv�[@���A�ܥ��%U� �$� Common law is a type of legal system in which judicial decisions are made primarily based on precedent. Download Free PDF. The common law (sometimes called case law) is the body of legal opinion that is built up over time derived from the decisions of judges. <> Definition of the Principle of Common but Differentiated Responsibilities The principle of ‘common but differentiated responsibility’ evolved from the notion of the ‘common heritage of mankind’ and is a manifestation of general principles of equity in international law. ReddIt. The U. S. Constitution is a broad outline of rules and Linkedin. endobj or. In a common-law legal system, such as that of the United States and the United Kingdom, many important laws are made not by legislatures but by appellate courts deciding specific cases and thus creating prec- edents. Principles Common Law Explained Quick and Easy. It would live happily in any ‘progressive’ lawyer’s library. Twitter. Marco Kekem. This ensures that the law is fair. PւHe�S-Ap�|�@'�SV��E�N�Zk�M֨]n�t�.*"��E}uU~�/�v~���H��t���|�U? 2 “The Union shall respect fundamental rights, as guaranteed by the European Convention were Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and as they result from the constitutional traditions common to the Member States, all of which as general principles of Community law”. Principles Australia S Magna Carta Institute Rule Of Law. 654 0 obj <>stream Customary law v. Common law (Roman-Dutch) Diagram 1: Position of the law of property in the legal system Source: Adapted from Knobel et al (2011:32) Accessing statutes in "codebooks" and cases in %���� ECONOMIC PRINCIPLES OF LAW. Basic Principles of the Common Law In: An Analysis of the English Common Law, Principles of Equity and their Application in a former British Colony, Cyprus Author: Georghios M. Pikis The Common Law and the Civil law systems converge. 4 0 obj <>/Metadata 275 0 R/ViewerPreferences 276 0 R>> Principles of Equity was first published in 1760 is Kames most lasting contribution to jurisprudence. Case law (precedent) iv. principles addressed in this text have application that is broader than simply to agriculture, and the reader will find that fact apparent upon reading the material. A fundamental difference between the common law In examining the various legal jurisdictions, Philip Wood shows that the defining 620 0 obj <> endobj This is done in the context of and with comparison to the South African common law (Roman-Dutch law). Principles of the common law an elementary work intended for the use of students and the profession by John Indermaur. Download Full PDF Package. Linkedin. endobj He sought to explain the distinction between the nature of equity and common law and to address related questions, such as whether equity should be bound by rules and whether there should be separate courts of law and equity. v�0o`��A��S COMMON LAW V. CIVIL LAW SYSTEMS By Judge Peter J. Messitte The two principal legal systems in the world today are those of civil law and common law. Common law as a source of law consists of legal rules that are made by courts in the course of a deciding a case.2 Common law is also called by two other names – case law because it is made in and found in cases, and judge made law because judges make it. Mon Law. (c) Common law and equity (i) Origins, contributions and principles of equity (ii) Conflict between common law and equity (d) Customary law (e) Case law (i) The technique of precedent (ii) Hierarchy of judicial authority (iii) Advantages and disadvantages of case law (iv) Distinction between common law and case law 3. Common law as a source of law consists of legal rules that are made by courts in the course of a deciding a case.2 Common law is also called by two other names – case law because it is made in and found in cases, and judge made law because judges make it. �%�޷�*-~�*�s���ذ��Y�.�I�Xf��OY:ϋ�B?�����wu��������m�u]n���g���e,� �7��aá~�i��w/����4���&7��y �hi$FG)8�����x0 � ��*�2U���曪�~N7!����h��~J[.8�ѝrz����X�o�e>(]d��[�,���C�"y8�\$_nȚɚ�Xc#Y͵�Ak�w����5=}̛8c��e�x[�EC���$Q���������֧��V���{�9��ʧ�LyL1 These systems have different jurisprudence principals and sources of law. READ PAPER. Article 1 This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon our practical experience in civil activities, for the purpose of protecting the lawful h�bbd```b``�"��'�d��l����@����6����10120�� u endobj Void and Voidable 494 32 Successions—I. Precedent refers to prior court case decisions that will set a standard for how similar subsequent cases should be judged. Elements 478; Contract.—III. 629 0 obj <>/Filter/FlateDecode/ID[]/Index[620 35]/Info 619 0 R/Length 69/Prev 482126/Root 621 0 R/Size 655/Type/XRef/W[1 3 1]>>stream Create a free account to download. 0 x��YKo�F�������d�����i+ #ڒ-6�JT]���,Ś�⪰a���7;����������{7}_U��r1'��Y��m:{yZL�d�y�UyY\\���+r9;?�~�D(2{8?����Zj4�������?6����?���F$�Ff7�g �|�|E��\�UU��B. Facebook. Among the principles inherent to the communal sphere he cites: participation, equality, and proportionality, to which he then Consideration is "something of value" which is given for a promise and is required in order to make the promise enforceable as a contract. PSM 8 - Basic Principles of Property Law in SA 7 of 50 ii. Ius Commune Canon Law- Middle Age Writs/Royal Courts/ Judicial Decisions based on custom and precedent Roman Law (Corpus Iuris Civilis) Common Law Code civil Canon Law BGB Pandectist Page 2. II. �?���� ]& E. nglish common law emerged from the changing and centralizing powers of the king during the Middle Ages. Common law by Wikipedia. 1 0 obj Modified date: December 22, 2019. x��][o�J�~��Џ����7^� K�� r���̃,�6w%Q#Q�x�������lёZ� '�x����������.K狌|�p}�e��s�$?��i���\߿n����d3ϒts}wx���m�f�n2!ӏ3����ԍ������od��������[J(#��������E(��j�ܯ�5���W�%O�+�}~��Lj:� �_߿����_�ߝK�{�+e�:�i�iY�0�c���6a�O����c��#�N�"#T����� ���F���h��H�9��.G+��j\��w�u�1�jj5�˘ u���h���~"�~���"� f�e�0{�$�_�����ELa�F���C��D���c� tp�>���%��b48�+ �[¨˨ j:N�/���Ϭ������� )�W�ҭ����썑s��1���6��nȏ0;-K����X�vU�p�VB�Y*�b��AD�!�tex�ܦ':~��p�ҎW��y̟p_}J6�>�G�3�)‰��لs����P}z\�'� ��sL����:��1�R��M�$"�{��GWC��x$s#�A=��m���>5!�4Ԣ��~���`. 2 Ponents Of Stare Decisis Mon Law. the principles of the individual sphere self-determination and contractual autonomy, the principle of equivalence in synal­ lagmatic contracts, and the principle of trust and good faith. The Court system in Uganda or. This paper. Principles Of Medical Law Judith Laing Jean Mchale. endstream endobj 625 0 obj <>stream %PDF-1.6 %���� QbC��c1�� oJ��Ɋ Principles of Common Law Prof. Dr. Kern Alexander/ Prof. Dr. Fiocchi Malaspina 17 November 2020 Principles of Common Law Property Law. Meantime, based on different levels of cognitive complexity, Legal principle can be classified into: 1. The guiding principle of the common law is that similar cases should receive similar treatment. K���p+""��(Fx�# Email. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Pensatory Damages Principles In Civil And Mon Law. PDF | On Mar 1, 2013, M.D. <> It has enormous social relevance. I shall conclude the discussion with a few remarks on the influence of the common and constitutional law on customary law with a view to the future of customary law of succession (in its current form) in a mixed legal system such as that of South Africa. The general principles of law are unwritten rules that community judge (Court of Justice) applies and thus are incorporated into Community law, they are the product of … Print. What role does democracy play in the development of the common law? The Contribution of Common Principles of Canon Law to Ecclesial Communion inAnglicanism. Oftentimes, the common law will combine with statutory and C onstitutional law in order to make decisions. ECONOMIC PRINCIPLES OF LAW. Chapter IX Supplementary Provisions . Most contracts don’t have to be in writing to be enforceable. Principles Australia S Magna Carta Institute Rule Of Law. In common law, the title Justice is given in england to the judges of the king’s bench and the common pleas, and in America to the judges of the Supreme Court of the United States and of the appellate courts of many of the states. ��� The cases that contain common law are referred to as precedents or authorities. endstream endobj 621 0 obj <>/Metadata 33 0 R/Outlines 69 0 R/Pages 618 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 622 0 obj <>/MediaBox[0 0 595.32 841.92]/Parent 618 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 623 0 obj <>stream Principles of Common Law; 2 Components of Stare Decisis. Crime General Principles Of Criminal Law Britannica. I. Share. !ЉA��e�Ru`(������Nj�k1P�u84�4("��A���6�,�Q�������I�: V4�:�n4� ReddIt. And the “principle of legality” ensures that statutes do not casually obliterate at least some common law rights.5 These basic ideas are often assumed to be sufficient to enable one to get by in practice. However, the safety of that assumption has been challenged. �>+N�e�Bx{ﶫ�r�zj���[�̘|�b�=��ʰd'P�����ݶ�gş����;�/��|N�4��y��S�W)֢:'��ŕ�M��H��iNv��y�h��/ܽ�'�s��^p��EJ�ۏk:��3��o�,F��Y�}�v���!��qI��;�A-�s�@��lz�eS�߸l�M��ٽn�KY�bH����$q1& �q[�$\�qn�.�O&��R�P$��Gj�D�x�(I�wQ�y�%��1�'��P�$��#j�ĺ�G�����"��Pʝ������>Ci�"Cr�E���t����? T. … Second, a general approach is at odds with the sheer heterogeneity of the phenomenon of principles. L�f�� L ��� �d��4ƒ�0a� ��&O�o�}Rx���v�~7�U�'d��?���@�\�6���v��b����a���5��S��=%s%9 in accordance with common law principles of interpretation (as supplemented or modified by interpretation statutes4). A contract is a legally enforceable agreement between two or more parties. ��weU.j�,cF ���M˙�D�څbr��h�%��Xn߬C���Y�D���mW�5inP����٣�D�9�ȷK�]�Ko#~m�Gt��m%����nwX�p�ok`|���uxJm��7ґ�Q���P�.�X�D��K�* �#RQv��v�Q����#K@�!��Orf��XI0L;�Ӣ�bu~��js]�g7���6�������>�V�uQ��B�֋��R� When such was the common law of the Romans with regard to punishment, there can be no difficulty to assign a reason why that law was extended to reparation even for the slightest fault; and as little, to assign a reason why the same obtains in the common law of most European nations, the principles of which are borrowed from the Roman law. Download with Google Download with Facebook. Cases with similar circumstances will be ruled in the same way. 2. Saleh, N.A., Unlawful Gain & Legitimate Profit in Islamic Law 12 – 13 (1986).A common “illa” should connect together two elements of analogy, namely the object of the analogy and its subject, in order to produce the analogical reasoning. As the Preface warns, this survey of the principles of Anglican Canon Law %PDF-1.7 The task of lawyers should not be to defend their... | … �I$��$ ��=$ъ�S@�P2�T�T�$��&7�yq�?A��[O��S� Ⱦ�2��h�F��h�~��4z>z >p ��{��jŻ���81�R2�B�({!�2f�"��F�8�P����@u�;4^��&z��v5��0��yz��&�����P�4 �P2�# d~�f�A#�L� M���&���@�Tw�-��b"� i��6��r��2�:�`=�ޡ9F��:D��=�u�W��֧+�6}\V����c��nvddЉƒ����� �[��c6�8���q*U�3�%P��S�j����]@�%�PK�n����䮬�$�Ȧ���{ȟ*7����%��V�7pTd��[c�η[W�˂��Z:a8�_�b��[����p �r������)['�+o�A�].JfKT���u�c�׽�Y�,�,/|�&3�v�}�{��Kk�q ��>��1�̙����{ $إ��I����>��^����B@i�0BNh������>r�^]�R��RC�Ё�ײG! stream History 43;: Contract. Marco Kekem. These principles represent general or common widely ac- cepted epub understandings of people on law as just ( jus) and law as lex. English Common Law: Structure and Principles (MOOC). After Death—II. A short summary of this paper. Precedent refers to prior court case decisions that will set a standard for how similar subsequent cases should be judged. Principles of Common Law HS16 1 Question 1 Discuss some of the main differences between the common law and civil law (as discussed in lecture and the readings). Principles of Equity was first published in 1760 is Kames most lasting contribution to jurisprudence. Twitter. law, principles which are common to the Member States; par. endstream endobj 624 0 obj <>stream Chapter VIII Application of Law in Civil Relations with Foreigners . Definition of the Principle of Common but Differentiated Responsibilities The principle of ‘common but differentiated responsibility’ evolved from the notion of the ‘common heritage of mankind’ and is a manifestation of general principles of equity in international law. The Consumer Protection Act And Five Mon Law Principles. Address whether legislation should expand the duty of care and to cap damages on tort lawsuits. Classical Mon Law Jurisprudence Part 1 By Gerald J. Mon Law Legal Definition Of Mon Law. However, in order to do so, it is also necessary to consider the relation-ship between the principle of legality and the presumption of international law consistency for the common law protection of human rights in Australia. The principle recognises historical differences in the A contract is an agreement giving rise to obligations which are enforced or recognised by law. The mixed Civil/Common Law group encompasses countries which operate under a hybrid law combining both Civil and Common Law. law principles can hardly be dissociated from the politi-cally sensitive and complex issues surrounding the notion of sustainable development. has been a strong and effective unwritten common law that has continued to shape and influence the legal system in Zimbabwe. For each difference, discuss the merits and faults of both legal systems and suggest ways to improve each. central mechanism, or leeway, through which common law evolves de-spite binding precedents (Llewellyn 1960; Stone 1985).4 Using a model relying on these three assumptions, we examine the evolution of legal rules in the case of a simple tort: a dog bites a man (e.g., Landes and Posner 1987). Pdf Civil Law And Mon Law Two Different Paths. ECONOMIC PRINCIPLES OF LAW. ECONOMIC PRINCIPLES OF LAW. 18 Full PDFs related to this paper. 1994] GENERAL PRINCIPLES OF LAW 5 it is enough to have some patience and a little luck. with Canon Law is a necessary aspect of exercising authority and holding responsibility in the Church; and theAnglican Communion is well served by many distinguished lawyers who understand so well the convergence of law in this sense with discipleship. 3 0 obj “Every person is bound to exercise his rights and fulfill his obligations according to the principles … Historical development of English Common . contents 3 Early Forms of Liability 7 4 The Criminal Law 5: 5 Torts.—Trespass and Negligence 93 6 Fraud, Malice, and Intent.—The Theory of Torts 339 7 The Bailee at Common Law 368 8 Possession 3:5 9 Contract.—I. He sought to explain the distinction between the nature of equity and common law and to address related questions, such as whether equity should be bound by rules and whether there should be separate courts of law and equity. Law. The term “common law” has various meanings, but the meaning I’m using here is the system of case law we inherited from England, including the bodies of jurisprudence known as admiralty and equity. ECONOMIC PRINCIPLES OF LAW. Email. This note covers the following topics: Common law as opposed to statutory law and regulatory law, Common law legal systems as opposed to civil law legal systems, principles of common law, Medieval English common law, Influence of Roman law, Alternatives to common law systems, Common law legal systems in the present day, Common law national legal systems today, … 18 Full PDFs related to this paper. That system follows certain identifiable principles—governing values. In the most extensive sense of the word, “justice” differs little from “virtue,” for it includes Seite 3 Civil Law Common Law Equity Common Law. In common law, there are 3 basic essentials to the creation of a contract: (i) … x�}R�n�0��+|l�BJH#q�C�� b/��b,����5J�D�%��;3��nPջZIK�3�,����d8��"aN��vA��}�I���4Z�k� �(h�那5}ڈ� �$x7�TG��]57'��e)#eIt���om4@٪..��r��k�@#ġ/�F�r0�:)�[%-�n����/�C�Z��ر����3�b�E���Q�%;DI�(�O2/���*�ݝ���U�M�;��W���|�i�׸���L������o��v�E���כ�4��y���|8���o��. The doctrinal basis of Islamic law is the point of departure for this study. (1) a) The purpose of tort law is to compensate persons for private wrongs. Chapter 8 – Principles of Contract Law Contract law deals with principles of common law pdf the formation and keeping of promises. Modified date: December 22, 2019. A one-semester academic course could be created out of many of the individual chapters of this text. h�b```�Xf�P!�� !ǚ�~*j��1̧�s�-�ng00Z9���j�%�L:4�;8;е Ma`9� Principles of Contract Law text book pdf: Download Principles of Contract Law text book pdf for L.L.B 1st year. Judge-made law is dominant in commercial areas of law, such as contract, property, and tort law. Principles Of Common Law By Michael Arnheim A Mon Law Principle Alrc. Justice Mark Weinberg AO “The fourth edition of Bronitt and McSherry’s Principles of Criminal Law has now been completed, and not before time. This note covers the following topics: Common law as opposed to statutory law and regulatory law, Common law legal systems as opposed to civil law legal systems, principles of common law, Medieval English common law, Influence of Roman law, Alternatives to common law systems, Common law legal systems in the present day, Common law national legal systems today, … 15. Nowadays the principles of common law and equity applied in some countries of the Commonwealth are not the same as those applied in England. An Essay by Professor Norman Doe..... 97 Endnotes..... 113. Though mostly people understand Islam from a theological and religious perspective but its legal perspective is as strong as its belief system. A short summary of this paper. \�4��!�0\nA�`T9"�_�!F3"�j4'R This paper. Statutory law (legislation) iii. In common law, a promise is not, as a general rule, binding as a contract unless it is supported by consideration (or it is made as a deed). Islamic law[1] itself is a refined and well developed legal system. 0 Ratings ; 1 Want to read; 0 Currently reading; 0 Have read Print. Download . For example common law system and civil law system. Cases with similar circumstances will be ruled in the same way. Inter Vivos 522 33 Successions.—II. 10. Save; Cite; Collapse; Expand ; An Analysis of the English Common Law, Principles of Equity and their Application in a former British Colony, Cyprus Series: Nijhoff Law Specials, Volume: 93; E-Book ISBN: 9789004313729 Publisher: Brill | Nijhoff Online Publication Date: 01 Jan 2017 Subjects. Points 20% Download Free PDF. International Law. is a manifestation of general principles of equity in international law. Tρu�z�����ܾ�*�2s�c����-�S*s��+��aA����y�'O7�TOW�]�&�Jr�Eu�D9�,��̽i ڳs(�#�P�&�m�s'g�^|P�4�E�rS�#vm���!��s�����ͷ*���`���IU��HÀ @5��b�j���|����ݴwҷ�\��goɗ��]ܷ���q����_=���$z�L�~�x��J.y5�o;t�z��I�d�pz�X���W�"�[/�a��nߡ퍵��e�})8=�7>B5��ϋ��� ���C����f#niӎ�%�v���[���niӎ�Ň�w� u�N_����f�#niӎ�%�v��Ʋ%x�6�[|�}�$�nQ��g�E�غ�;f� ڽ�۴�)��u�� �S�ٟ��)/x��i��%�몱Y�]��� D�7p���6���� ���b���K�ƚ�}�R��� Major economies such as Japan and China are in this group, which applies to 25% of the world’s population, and has a 16% share of World GDP. Constitutional Law Common law is formed on the basis that courts will make decisions based on past judgments. By the time England's ... authority contain references to the principles and specific rules of law in a given branch of law, as well as citations to relevant statutes and judicial decisions. Common law by Wikipedia. It is more difficult to understand what is effectively served by the quota­ tion of the maxim and if … When such was the common law of the Romans with regard to punishment, there can be no difficulty to assign a reason why that law was extended to reparation even for the slightest fault; and as little, to assign a reason why the same obtains in the common law of most European nations, the principles of which are borrowed from the Roman law. Principles of Common Law HS18 1 Question 1 – 25% Introduction: The purpose of tort law. common law, it remains a principle for which there is little meaningful judicial exegesis. �}i�|Pp�y5�v@�-}Pb�`K��n���%J�cNJ�a $��#��{x:#a�HN�������W�)ׄs��p� The European Community and UK Law: An Overview 13 2 Common Law, Equity and Statute Law 23 Custom 25 Case Law 26 Nature of Equity 32 Application of Principles of Equity 34 Equity and Common Law 36 Classification of Equity 37 Legal and Equitable Rights 38 Nature of Statute Law 39 Interpretation of Statutes 41 Codification and Consolidation 44 Download Free PDF. Although, international law legal principles are merely those recognized in domestic law6, yet there are some legal principles that are applicable or at least are used only in international law. After the Norman Conquest in 1066, medieval kings began to consolidate power and establish new institutions of royal authority and justice. Chapter I Basic Principles . Basically, cases with similar circumstances to prior cases will be ruled in the same way. If the inline PDF is not rendering correctly, you can download the PDF file here. Principles Mon Law Explained Quick And Easy Mon. PDF | The aim of this paper was not to judge which legal system is better: civil law or common law. In the Civil Law the case law has gained in importance and in the Common law countries statutes become more numerous. justice. Principles of Criminal Law 4e Simon Bronitt & Bernadette McSherry From the Foreward written by The Hon. Common law is a type of legal system in which judicial decisions are made primarily based on precedent. :���&p.�P��C0�?�E������k�Z�hV%T:���K�h�ߖ"���v�����C�N��j�'#�q�aւ��+�gޱ�$\����j)l̙�B� "�@��5b-e���t��'��!eir Share. Download Free PDF. Pdf Civil Law And Mon Law Two Different Paths. 2 0 obj In view of the monumental growth of trade between the Western and the Muslim worlds and projected increase in the coming century, the subject should continue to be of particular interest. This study is an effort to present briefly the controlling principles of Islamic Contract Law. Recently the British government introduced significant changes to Civil Procedure in order to reduce the adversarial character and to introduce inquisitorial elements. Oftentimes , the common law will combine with statutory … The purpose of this summary is to provide an overview of the basic principles of contracts law. endstream endobj startxref When a new situation comes before a court, the judge has a duty to look at similar cases which were decided in the past and to fit the new situation into the existing picture. READ PAPER. %ۡ��f�m�޻�X���{z�-��l�M��c�6\��� Create a free account to download. The cases that contain common law are referred to as precedents or authorities. Principles of the common law by John Indermaur, 1876, Stevens and Haynes edition, The courts have continually been influenced by Roman-Dutch and English common law in interpreting and applying the law, more importantly the common law principles of equality, fairness, justice, legality and equity. The common law system began developing in England almost a millennium ago. The law makes direct reference to moral rules in some cases, Good faith which is essentially a moral principle, has also been made a fundamental principle of law by the 2nd article of Civil Code. Interaction w ith Constitutional Law Common law is formed on the basis that courts will make decisions based on past judgments. Agreement between two or more parties Contract, Property, and tort law is formed on the that... Law in order to make principles of common law pdf prior cases will be ruled in the same way library... 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