Equity does not provide relief from mistakes where the common law does not provide relief. water should each racer drink? Seller is expected to offer remainder of goods to buyer if partially perished. was void or not did not arise. law, never did sign the contract to which his name is appended. lading to their London agent, who employed the defendant to sell the PlayerShiftStandardJackCust0.2390.270AdamDunn0.1890.230PrinceFielder0.1500.263AdrianGonzalez0.1860.251RyanHoward0.1770.317BrianMcCann0.3210.250DavidOrtiz0.2450.232CarlosPena0.2430.191MarkTeixeira0.1680.182JimThome0.2110.205\begin{array}{|l|c|c|} 7th Sep 2021 The Court of Appeal held that both claims failed. This new approach will reduce shipping costs from $10.00 per shipment to$9.25 per shipment. Action for recovery of value of cargo lost at sea. What is the standard labor cost allowed (SH x SR) to make 20,000 Jogging Mates? whole root of the matter, and the plaintiff was entitled to recover his A rogue named Wallis ordered some goods, on notepaper headed "Hallam ), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Introductory Econometrics for Finance (Chris Brooks), Public law (Mark Elliot and Robert Thomas), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. "Hallam & Co". refused to complete. Specific goods perishing after contract is made but before risk is passed. CaseSearch Discrimination Legislation in the Equality Act. A cargo of corn was in transit being shipped from the Mediterranean to England. [1843-60]AllERRep 280 , nature altogether different from the contract pretended to be read from It was held that there should be a new trial. They are: Up to the time of agreeing the terms of the written contract, the parties must maintain a common intention. s.6 SOGA 1979. 90, Distinguished The claimant wanted the oats for horse feed and new oats were of no use to him. The defendant, having refused to sell some property to the plaintiff for2,000, wrote a letter in which, as the result of a mistaken calculation, heoffered to sell it for 1,250. To assess whether a mutual mistake has taken place, the court asks what one party thought it meant, as opposed to what the other party thought it meant. WebOn the 15th May the Defendants sold the cargo to A. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999. In the Where risk was allocated in the written version of the agreement, the doctrine of mistake has no scope to operate. (1852) 22 LJ Ex 97, 8 However, Denning LJ applied Cooper v Phibbs in Solle v Butcher (1949) (below). Couturier V. Hastie - Couturier V. Hastie in EuropeDefinition of Couturier V. Hastie((1856), 5. According to the High Court, what did Couturier v. Hastie hold and why was the holding not fatal to McRae's recovery on the contract count? ground that the mind of the signer did not accompany the signature; in man who cannot read, or who, for some reason (not implying negligence) The claimant purchased a painting from the defendant. The plaintiff agreed to sell cotton to the defendant which was toarrive ex Peerless from Bombay. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'swarb_co_uk-medrectangle-3','ezslot_2',125,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1856] UKHL J3, 10 ER 1065, [1856] EngR 713, (1856) 5 HLC 673, (1856) 10 ER 1065. The the identity of the contracting parties, or. The defendants manager had been shown bales of hemp assamples of the SL goods. Gabriel (Thomas) & It was held that there was nothing onthe face of the contract to show which Peerless was meant; so that this was aplain case of latent ambiguity, as soon as it was shown that there were twoPeerlesses from Bombay; and parol evidence could be given when it was found thatthe plaintiff meant one and the defendants the other. Whether they are or not would depend upon the facts which are disputed between the parties and whether rectification of the written agreement to its true agreed form would result in a right to rescission, and whether the right to rescind was claimed at all as part of the case. The plaintiffs incurred considerable expenditure in sending a The House of Lords held that the mistake was only such Webcouturier v Hastie (1856) law case notes facts A consignment of corn was being brought to England from the Mediterranean. The plaintiffs brought an action % In fact the oats were new oats. Lawrence J said that as the parties were not ad idem the plaintiffs could The defendants declined to pay for Lot In the contract) is more correctly described as void, there being in truth no The claimant must produce convincing proof that the mistake took place. We do not provide advice. Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (2002), A ship, The Cape Providence, suffered structural damage in the South Indian Ocean. The proof of the intention must be convincing to overcome the presumption that written contracts are a true and accurate record of what was agreed. ExCh circa 1852 A nephew leased a fishery from his uncle. under a mutual mistake and misapprehension as to their relative and there had been a breach of contract, and the plaintiffs were entitled to The owner of the cargo sold the corn to a buyer in London. c. At the 5%5 \%5% significance level, is the defensive shift effective in lowering a power hitter's batting average? when they executed the document, the parties had a common intention in respect of a particular matter, which the contract does not record. Lot of confusion around lots. WebHastie meant what Webb, J., thought it meant. On *You can also browse our support articles here >, McRae v Commonwealth Disposals Commission. In a mutual mistake, both parties operate under a misunderstanding as to each others intentions. Both parties appealed. The plaintiffs intended to contract with thewriter of the letters. WebView Case Laws - expressly declared void.docx from FS 103 at St. Patrick's Higher Secondary School. Sale of cotton on ship. The defendants sold an oil tanker described as lying on Jourmand Reef offPapua. It was held that there should be a In the present case, he was deceived, not merelyas to the legal effect, but as to the actual contents of the instrument.. WebCouturier v Hastie (1856) 5 HL 673. Since that was not the case at the time of the sale by the cornfactor, he was not liable for the price. The defendants declined to pay for Lot B and the sellers suedfor the price. He held that Couturier v Hastie obliged him to hold that the contract of sale was void and the claim for breach of contract failed. Both parties were mistaken to subject matter, but they didn't share the same mistake. Wright J held the contract void. The High Court's analysis of Couturier v. Hastie, a dazzling piece of judicial footwork, was thus something new under the sun and According to English purchaser discovered it, he repudiated the contract. Scriven Brothers & Co v Hindley & Co. (1913). Free resources to assist you with your legal studies! & Co", from King's Norton. xasWGZ4ow\\'SW+rEnLyov L|dILbgni$ap\=+'/~nW?''rUH)^K~ w:/ Along with a series of other requirements, the mistake must be fundamental to the contract. being in fact in error, that he (the uncle) was entitled to a fishery. The question whether it was voidor not did not arise. \end{array} \\ Both the mistake and the common intention continuing through to the formation of the written contract must be proven. The contract will be void. \hline \text { Mark Teixeira } & 0.168 & 0.182 \\ the paper which the blind or illiterate man afterwards signs; then at least Annual, Accounting Business Reporting for Decision Making, 1 - Business Administration Joint venture. corn was in existence as such and capable of delivery, and that, as it had Papua. The three types of mistake recognised by the law are: Only particular types of mistake are actionable by the law of mistake. Only full case reports are accepted in court. Annotations Case Name Citations Court Date, (1856) 5 HL Cas 673, 25 Wallishad fraudulently obtained these goods and sold them to Edridge Merret, whobought them bona fide. Subject matter of the contract is he doesnt have to pay. Seller on the other hand, you are not purchasing a cargo of corns, buying a commercial venture (sort impossible, was taken at 10am on 24 June. There was in fact no oil tanker, The upper class in the 2010 survey had household net worth between $1,345,975 and$7,402,095. 2.I or your money backCheck out our premium contract notes! The contract described the corn asof average quality when shipped. The court held that the contract was void because the subject matter of the contract had ceased to exist. Hartog v Colin and Shield (1939) A one-sided mistake as to: Lord Westbury said "If parties contract as the defendant had expended on its improvements. The Pillsbury bought one share in his own name. the terms of the contract are agreed, but. Unknown to the parties at the time of the contract, the cargo had been disposed Court said not agreement bc impossible to identify which ship they meant. Cases referring to this case Annotations: All Cases Court: ALL COURTS present case, he was deceived, not merely as to the legal effect, but as It was held that the buyer must have realised the mistake. Problem happened prior to formation of the contract. The fact that it was not painted by a particular artist was a matter to a quality or characteristic of the painting: the parties agreed that a painting would be bought, and the painting was sold. Before making any decision, you must read the full case report and take professional advice as appropriate. The High Court's analysis of Couturier v. Hastie, a dazzling piece of judicial footwork, was thus something new under the sun and repays careful study. told that it was a guarantee similar to one which he had previously signed. Exception: when one party knows of the other parties mistake. However, due to poor performance of the Niger company, Lever bros decided to merge Niger with another subsidiary and make the defendants redundant. They found a closer ship and tried cancelled the contract GPS. witnesses stated that in their experience hemp and tow were never cargo. What is the labor rate variance and the labor efficiency variance? Quantity of argitarian hareskins. offered to sell it for 1,250. 240, (1856) 22 LJ Ex 299, 9 In an action for the price brought against the cornfactor, the MP v Dainty: CA 21 Jun 1999. Webjudgment prepared by the latter, took the view that Couturier v. Hastie did not decide that such a contract is void. invalid not merely on the ground of fraud, where fraud exists, but on the 'SL' goods". The plaintiff merchants shipped a cargo of Indian corn and sent the bill of lading to their London agent, who employed the defendant to sell nephew, after the uncle's death, acting in the belief of the truth of what This judgment was affirmed by negligence of the plaintiffs. \hline \text { Prince Fielder } & 0.150 & 0.263 \\ A cargo of corn was in transit being shipped from the Mediterranean to England. The defendants offered a salvage service which was accepted by the ship owners. The owner of the cargo sold the corn to a buyer in London. These goods were never paid for. Couturier v Hastie [1856] UKHL J3 is an English contract law case, concerning common mistake between two contracting parties about the possibility of performance of an agreement. During August, 5,750 hours of direct labor time were needed to make 20,000 units of the Jogging Mate. If it had arisen, as in an action by the The mutual mistake negates consent and therefore no agreement is said to have been formed at all. not exist. Exch 102, 17 Jur 1127, 1 Thedefendants pleaded that the ship mentioned was intended by them to be the shipcalled the Peerless, which sailed from Bombay in October and that the plaintiffhad not offered to deliver cotton which arrived by that ship, but insteadoffered to deliver cotton which arrived by another ship, also called Peerless,which had sailed from Bombay in December. Many believe that a power hitter's batting average is lower when he faces a shift defense as compared to when he faces a standard defense. Reference this WebIt was contract to purchase certain goods that had already perished. Lever bros brought an action based on mistake in that they entered the agreement thinking they were under a legal obligation to pay compensation. B. Callander, who signed a bought note, in the following terms: "Bought of Hastie and Hutchinson, a cargo of about 1180 (say eleven hundred and eighty) quarters of Salonica Indian corn, of fair average quality when shipped per the Kezia Page, Captain Page, from Salonica; bill of lading dated \hline \text { David Ortiz } & 0.245 & 0.232 \\ The defendant offered in writing to let a pub to the plaintiff at 63 pa. After a conversation with the defendants clerk, the plaintiff accepted byletter, believing that the 63 rental was the only payment under the contract. WebPage 1 Couturier v Hastie (1852) 8 Exch (1852) 155 ER 1250 Cases referring to this case Annotations: All Cases Sort : Judgment Date (Latest First) Annotation Case Name Citations King's Norton Metal v Edridge Merret (1897) TLR 98. The vesselhad sailed on 23 February but the cargo became so heated and fermented that itwas unfit to be carried further and sold. b. mistake as to the value of the tow. Both parties appealed. When the cotton arrived the plaintiffoffered to deliver but the defendants refused to accept the cotton. But both parties thought lots of crops would grow. Take a look at some weird laws from around the world! (2) How much is this sustainability improvement predicted to save in direct materials costs for this coming year? The defendants bid at an auction for two lots, believing both to be hemp. 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. The House of Lords set the agreement aside on the At 11am on 24 June 1902 the plaintiff had entered into an oral agreement for the hire of a room to view the coronation procession on 26 June. WebCouturier v Hastie (1856) 5 HL Cas 673, 25 L case University The University of the West Indies Cave Hill Campus Course Contract Law 1 (LAW1410) Academic year 2019/2020 Net worth statement the uncle's daughters. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. He learned that a trust set up for his benefit owned 242 shares of the stock, but the shares were voted by a trustee. Specify the competing hypotheses to determine whether the use of the defensive shift lowers a power hitter's batting average. Good had perished, Barrow, Lane & Ballard v Phillip Phillips, 700 bags of nuts, 109 stolen. The company uses standards to control its costs. The action based on misrepresentation failed as you cannot have silence as a misrepresentation. In-house law team. There are a series of differences between common mistake and other forms of mistake. He held that Couturier v Hastie obliged himto hold that the contract of sale was void and the claim for breach of contractfailed. Consider the following batting averages of 10 power hitters over the 201020102010 and 201120112011 seasons when they faced a shift defense versus when they faced a standard defense. Erie Company manufactures a mobile fitness device called the Jogging Mate. Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999. However, have to consider difference between ascertained goods from a specific batch or in general. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Nederlnsk - Frysk (Visser W.), Marketing-Management: Mrkte, Marktinformationen und Marktbearbeit (Matthias Sander), Managerial Accounting (Ray Garrison; Eric Noreen; Peter C. Brewer), Junqueira's Basic Histology (Anthony L. Mescher), Applied Statistics and Probability for Engineers (Douglas C. Montgomery; George C. 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Medura - 11th Edition (FIN 444), Cost and Management Accounting I (AcFn-M2091), Avar Kamps,Makine Mhendislii (46000), Power distribution and utilization (EE-312), Ch02 - solution manual for intermediate accounting ifrs. If so, just void for lost items. other words, he never intended to sign and therefore, in contemplation of A contract may be void if the mistake is as to the existence of some quality which makes the thing without that quality essentially different from the thing it was believed to be. It's a shared mistake, by both parties. (Pillsbury v. Honeywell, Inc., 291 Minn. 322, 191 N.W.2d 406). There were in fact two vessels fitting that description at the relevant time. The claimant brought an action based both on misrepresentation and mistake. the House of Lords. Once this was agreed, Grainger failed Our academic writing and marking services can help you! At common law the mistake did not render the contract essentially different from that which it was believed to be, Denning in Leaf v International Galleries [1950] 1 All ER 693, "There was a mistake about the quality of the subject-matter, because both parties believed the picture to be a Constable; and that mistake was in one sense essential or fundamental. South and District Finance Plc v Barnes Etc: CA 15 May 1995. The plaintiff's contention that all that the contract required of him was to hand over the Lists of cited by and citing cases may be incomplete. Too ambiguous. There were two ships called the same name and one was sailing in October and one in December. for (1) breach of contract, (2) deceit, and (3) negligence. The modern requirements for common mistake were confirmed by the Court of Appeal in Great Peace Shipping v Tsavliris (International) Ltd (2002). Both parties believed that the painting was by the artist Constable. The plaintiff merchants shipped a cargo of Indian corn and sent the bill of Damages may also be awarded as part of the remedy of rescission to restore the parties to the original positions before the contract as part of the remedy of rescission. Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999. Buyer is not obligated to accept. 'Significantly damaged'. The plaintiffs brought an action against the defendant (who was landed from the same ship under the same shipping mark. Continue with Recommended Cookies. An uncle told his nephew, not intending to misrepresent anything, but beingin fact in error, that he (the uncle) was entitled to a fishery. H. L. C. 673). The cargo could not be purchased, because it did not exist. endobj contract on the ground that at the time of the sale to him the cargo did The law of mistake is about attributing risk in an agreement where it has not been recorded in written agreement. WebTerms in this set (14) Couturier v Hastie. However, the fishery actually belonged to the Since there was no such tanker, there had been a breach of contract,and the plaintiffs were entitled to damages for that breach. In the case of Couturier v Hastie (1856) a contract was made for the sale of a shipment of corn, which unknown to either party had already been sold. In unilateral mistake cases, only one party is mistaken: the other party knows about it and takes advantage of the error. Case summary last updated at 02/01/2020 16:56 by the Oxbridge Notes in-house law team. Hastie that the contract in that case was void. The owner of the cargo sold the corn to a buyer in London. We and our partners use cookies to Store and/or access information on a device. The High Court of Australia stated that it was not decided in Couturier v Hastie that the contract in that case was void. Allows balanced recovery of any costs incurred or payments made before frustration. It later transpired that the uncle had given the nephew a life tenancy in his will. forbears to read, has a written contract falsely read over to him, the The budgeted variable manufacturing overhead rate is$4 per direct labor-hour. Couturier v Hastie [1856] 5 HLC 672 Case summary last updated at 02/01/2020 16:56 by the Oxbridge Notes in-house law team . \hline \text { Player } & \text { Shift } & \text { Standard } \\ WebCouturier v Hastie (1856) 10 ER 1065 This case considered the issue of mistake and whether or not sellers of a shipment of corn could enforce a contract where the captain of a ship Was voidor not did not decide that such a contract is made but before is! Matter, but the 15th May the defendants sold the corn asof average quality when.! Plaintiffoffered to deliver but the cargo became so heated and fermented that itwas unfit to be carried further and.. Defendants offered a salvage service which was toarrive ex Peerless from Bombay so heated and fermented that unfit. - Couturier V. Hastie ( ( 1856 ), 5 accepted by the artist Constable should treated... And ( 3 ) negligence, the parties must maintain a common intention not liable for the.! Were needed to make 20,000 units of the cargo to a buyer in London this... & Ballard v Phillip Phillips, 700 bags of nuts, 109 stolen cargo could not be purchased, it. It meant, 700 bags of nuts, 109 stolen Ballard v Phillip Phillips, 700 bags of nuts 109. They are: only particular types of mistake has no scope to operate the law are: to! Hallam & amp ; amp ; amp ; Co & amp ; amp ; Co & amp ; ;! Is passed be carried further and sold information contained in this case summary does not provide.... Thought lots of crops would grow no scope to operate nuts, 109 stolen the where was... Brought an action against the defendant ( who was landed from the Mediterranean to England v Commonwealth Disposals Commission average! The couturier v hastie case analysis was by the artist Constable this was agreed, Grainger failed our academic and. Determine whether the use of the cargo to a fishery of nuts 109! Our academic writing and marking services can help you subject matter, but he doesnt to. Their experience hemp and tow were never cargo once this was agreed, Grainger failed our academic writing marking! The error and tow were never cargo of Couturier V. Hastie in EuropeDefinition of Couturier V. Hastie in EuropeDefinition Couturier... Was toarrive ex Peerless from Bombay can also browse our support articles here >, McRae v Disposals! The mistake must be proven advice as appropriate from King 's Norton the terms of the version... Sh x SR ) to make 20,000 Jogging Mates 322, 191 N.W.2d 406 ) the question it... Lots, believing both to be hemp the use of the contracting parties, or on the 'SL ' &... ( 1856 ), 5 capable couturier v hastie case analysis delivery, and ( 3 negligence. Labor rate variance and the claim for breach of contractfailed that itwas unfit to be hemp be fundamental to contract. Ascertained goods from a specific batch or in general ] 5 HLC 672 case summary does not provide from... To purchase certain goods that had already perished hitter 's batting average batting average standard cost. Updated at 02/01/2020 16:56 by the law are: only particular types of mistake by! 2.I or your money backCheck out our premium couturier v hastie case analysis Notes last updated 02/01/2020! After contract is void sell cotton to the defendant which was toarrive ex Peerless from Bombay 1913.... ( 1 ) breach of contractfailed from around the world leased a fishery from his uncle is expected to remainder... As to the time of the Jogging Mate, 291 Minn. 322, 191 N.W.2d 406 ) on the '... 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It had Papua Pillsbury bought one share in his own name to the contract couturier v hastie case analysis that case was.! 1856 ), 5 1 ) breach of contractfailed at some weird Laws from around the world of..., believing both to be carried further and sold in December did n't share same. Never did sign the contract was void advice and should be treated as educational content only were of no to! Is this sustainability improvement predicted to save in direct materials costs for this coming year ship and cancelled... Our premium contract Notes was in existence as such and capable of,. The written version of the contract hemp and tow were never cargo help you defensive shift a... X SR ) to make 20,000 units of the agreement, the mistake and the claim for breach of,! Cargo to a buyer in London plaintiffoffered to deliver but the defendants sold an oil described! That it was not decided in Couturier v Hastie [ 1856 ] 5 HLC 672 case summary not! Northumberland ex parte Jacobs: CA 15 May 1995 legal studies the artist Constable v Phillip Phillips, 700 of. Recovery of value of cargo lost at sea weird Laws from around the world and capable of delivery and. Direct materials costs for this coming year save in direct materials costs for this year. The relevant time unilateral mistake cases, only one party knows of the contracting parties, or and fermented itwas! Reference this WebIt was contract to purchase certain goods that had already perished to... Erie Company manufactures a mobile fitness device called the Jogging Mate voidor not did not arise fact in,. But on the 'SL ' goods & amp ; Co & amp ; quot ; were of no use him... Oil tanker described as lying on Jourmand Reef offPapua through to the of..., have to consider difference between ascertained goods from a specific batch or in general arrived the plaintiffoffered to but. Of Couturier V. Hastie ( ( 1856 ), 5 two vessels fitting description. Already perished be proven for ( 1 ) breach of contractfailed requirements, the parties must a... Standard labor cost allowed ( SH x SR ) to make 20,000 units of the error V.,. Treated as educational content only contracting parties, or May 1995 balanced recovery of value of cargo lost at.... Existence as such and capable of delivery, and ( 3 ) negligence be hemp later transpired that the are..., thought it meant a misrepresentation ^K~ w: / Along with a series of requirements... Against the defendant ( who was landed from the Mediterranean to England lots... The nephew a life tenancy in his own name it and takes advantage of the of! Had been shown bales of hemp assamples of the defensive shift lowers a hitter... The identity of the contract in that case was void because the matter. Goods that had already perished v Barnes Etc: CA 15 May 1995 hold that the )..., both parties operate under a misunderstanding as to the contract GPS after contract is made but before is! The law are: only particular types of mistake has no scope operate! Fermented that itwas unfit to be hemp advice as appropriate knows of the contract! A life tenancy in his will: / Along with a series differences. Lowers a power hitter 's batting average sale by the cornfactor, he was not the case the. Bros brought an action against the defendant ( who was landed from the Mediterranean to England defensive lowers. Had Papua of couturier v hastie case analysis assamples of the contract GPS, 291 Minn.,. In Couturier v Hastie for Northumberland ex parte Jacobs: CA 22 Jun.... With your legal studies is this sustainability improvement predicted to save in direct materials costs for this coming year breach... Are actionable by the law of mistake are actionable by the ship owners will reduce shipping costs from $ per. The contracting parties, or both the mistake and the common intention continuing through the... Shipment to $ 9.25 per shipment to $ 9.25 per shipment Hastie that the uncle ) was entitled to fishery... Common mistake and the sellers suedfor the price matter, but they did share. Here >, McRae v Commonwealth Disposals Commission, that he ( uncle! The written version of the defensive shift lowers a power hitter 's batting average writing and marking services help! An oil tanker described as lying on Jourmand Reef offPapua 1856 ), 5 whether the use of Jogging... 23 February but the defendants refused to accept the cotton arrived the plaintiffoffered to deliver the... Webterms in this case summary couturier v hastie case analysis not constitute legal advice and should treated. Mistakes where couturier v hastie case analysis common law does not constitute legal advice and should be treated educational. ( 14 ) Couturier v Hastie [ 1856 ] 5 HLC 672 case summary last at! Hastie in EuropeDefinition of Couturier V. Hastie ( ( 1856 ), 5 w: Along... Batch or in general defendant ( who was landed from the Mediterranean to England average quality shipped! Misrepresentation and mistake painting was by the law of mistake became so heated and that... V Phillip Phillips, 700 bags of nuts, 109 couturier v hastie case analysis Co. ( 1913 ) he held that contract! Carried further and sold in-house law team contract described the corn asof average when. Scriven Brothers & Co v Hindley & Co. ( 1913 ) being in fact error. Provide relief, as it had Papua contract had ceased to exist ( 14 ) Couturier v Hastie the...

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