list of affirmative defenses florida
Restatement 178. 34 Additionally, the defendant, though not able to file a pleading in response to a plaintiff's reply pleading, may nonetheless move to strike a defense raised in a reply within 20 days of the reply. This happens when the defendant has successfully raised and the jury has accepted an "affirmative defense" that operates by law to exonerate him. - unavoidable accident. Sample 1. Florida Affirmative Defenses and Procedural Objections with Forms guides lawyers on evaluating, selecting, pleading, and contending with affirmative defenses and procedural objections in Florida state civil cases.The book surveys nearly 90 affirmative defenses and all of the Rule 1.140(b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. What is an affirmative defense? Today I learned they filed a Motion to Strike my Affirmative Defenses, claiming they all "fail as a matter of law" and "lacked the facts to establish the legal elements of a defense." Sample Elements: plaintiff has conferred a benefit on the defendant, who has knowledge thereof defendant voluntarily accepts and retains the benefit conferred the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.Source: Henry M. Butler Inc. v. Trizec Properties Inc., 524 So.2d 710 (Fla. 2d DCA 1988). In Wesch v. Yodlee, Inc., Magistrate Judge Sallie Kim granted in full plaintiffs' motion to strike nearly all the defendant's 28 affirmative defenses, holding that several had failed to satisfy the pleading standards set forth in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), and still more were not even valid affirmative defenses in the . An affirmative defense can help you win the lawsuit, even if what the plaintiff says is true. 3d 235, 236 (Fla. 3d DCA 2016) (emphasis added). Courtroom5 is not a law firm, does not provide legal advice or legal services, and is no substitute for a lawyer. Written by Taras Rudnitsky; November 15, 2010; Debt Collection Lawsuit Defense; There are several ways in which you can defend a lawsuit filed against you by a credit card company, debt collector, bank, auto finance company and other plaintiffs. An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. Then, you think about how to defend yourself. There, the Court evaluated whether a plaintiff who . MCR 2.111(F)(3)(a) contains a non-exhaustive list of numerous affirmative defenses, including, but not limited to: contributory negligence, assumption of risk, fraud, duress, statute . List of 31 Affirmative Defenses . The following types of agreements are the most common examples of contracts that . Conversely, a negating defense involves attacking one or more elements of the prosecutor's or plaintiff's case. What Is Business Litigation vs. Commercial Litigation? A threat is improper if the resulting exchange is not on fair terms and: Examples of duress include improper threats to: Among the defenses to breach of contract, duress is a high legal standard. A minor can furthermore avoid contractual obligations for a reasonable time after attaining the age of majority. 3 0 obj Green, a case decided by the Florida Supreme Court in 1983, it held that " [i]f contact sports are to continue to serve a legitimate recreational function in our society express assumption of risk must remain a viable defense to negligence actions spawned from these athletic endeavors.". First, you panic. That is, laches can be used as a defense only when the contract claim is founded on equitable principles. Generally, in order to prove impossibility or impracticability defenses to breach of contract: Under Florida contract law, the defense of impossibility may be asserted in situations where purposes for which the contract was made, have, on one side become impossible to perform. Harvey v. Lake Buena Vista Resort, LLC, 568 F. Supp. Level the playing field with Courtroom5. 2d 929, 930 (Fla. 5th DCA 1988) (fraud is material to a contract where the contract would not have been made if the fraud had not been perpetrated). As with every kind of personal injury case, the endless number of variables makes your claim unique. Score: 4.8/5 ( 40 votes ) Failure to state a claim (officially called failure to state a cause of action) is an affirmative defense under Florida law that allows defendants to question the legal basis for the lawsuit. Affirmative Defense: A new fact or set of facts that operates to defeat a claim even if the facts supporting that claim are true. It is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that that person will not act in a manner inconsistent with his welfare. vAV/5v;0 If you have sustained injuries during any kind of accident that was caused by another person's negligence or carelessness, there is evidence out there that will substantiate your claim. Source: Kar v. Hogan, 251 NW 2d 77 Mich: Supreme Court 1976. What is a Breach of Contract and what are the Remedies for it? A party served with a pleading stating a crossclaim against that party must serve an answer to it . Published on June 15, 2022 in Defense Law. ^&we5L.F)?GGp~5284^~@({4{7mcw(hqN2*o3?z||[.=>VY7z/ps?aF*JDy:TT\|9BQ/C$nV]5? 15.20: Contract Impossibility of Performance. If the plaintiff intentionally engages in an activity that carries the chance of injury, they can not claim full damages in the event that they are actually injured. When it is objectively impossible for anyone to perform the duties of the contract, one side may use the defense of impossibility, sometimes also referred to as impracticability, to excuse performance. A Primer on the Shotgun Pleading. App. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. In a debt collection lawsuit, an affirmative defense is any legal reason that the defendant should not be held responsible for the debt. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim. A defendant has the burden to prove an affirmative defense claims by a preponderance of the evidence. Should the plaintiff let the deadline pass, the defendant can use this as their affirmative defense and the judge will very likely dismiss the case. Mitigation of Damages, pg. An important point is that a party who is considering seeking equitable remedy must make sure they have a clean record and have not violated the law. Fraud is tied to the concept that a true contract cannot be formed unless the two sides agree on the underlying facts of the deal. In a breach of contract case, the statute of frauds may be a defense if the contract was not in writing when it should have been. Pursuant to Florida Rules of Civil Procedure 1.110(d) and 1.140(b), affirmative defenses must be affirmatively asserted either by motion or a pleading, and the grounds on which the affirmative defenses are based and the substantial matters of law intended to be argued are to be stated assumption of risk. The Statute of Limitations has run. In their answer the defendants list an affirmative defense called "Additional Affirmative Defenses" pleaded as follows: "These answering defendants presently have insufficient knowledge or information upon which to form a belief as to whether it may have additional, as yet unstated, affirmative defenses available. %PDF-1.5 hmO0_n/*@*IYHiR%Fo;;N-"QL0"q@ 1D !2DFJSzd.S eqFnc:+,q'gJezjsG3's?s;/[ 4t&hiqqv.teHpzob2pv| N(b2 Banks Must Send Notice of Default Before Filing Foreclosure, Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. A misrepresentation is material if it would be likely to induce a reasonable person to agree to the bargain, or the party who made the misrepresentation knew or should have known that it was likely to induce the other party to manifest assent to the bargain. The motion to strike a defense must be asserted within 20 days of the responsive pleading or motion. *. Establishing this fact is essential to the success of your Tampa personal injury case. Rideshare services like read more, What is Negligence? Turn the tables. 3d 11, 20 (Fla. 3d DCA 2018). You can assert affirmative defenses while still denying the allegations in a complaint. Cookie Settings. This means that a dog owner will only be held strictly liable for all of the injuries . In your jurisdiction, the affirmative defense of fraud has five elements, (1) a false representation; (2) about a material fact; (3) made with knowledge of its untruth; (4) with intent to deceive; and (5) defendant relied on the representation. Again, Im attorney Reed Bloodworth, the managing partner of Bloodworth Law. Heres an example. If assent to a contract was obtained by coercion constituting duress, the contract may be avoided by the person subjected to the duress. (quotation omitted). The affirmative defense of laches to a breach of contract claim is unique in that it cannot be asserted when the plaintiff is pursuing a claim founded on a purely legal right. "a6:E)+%y6i]>\e6F^:/&/Z0Ax 0Knsp{ijyjQ?j~>+bd ?BQ`jDO \ F*;z[rHLlz0tY2`Erg=^/SCXeY1F~bxQqc1PAy0g8w/:"1!HkaH` If a defendant denies all plaintiff claims, the plaintiff has the burden of proving their case. hWnF}WCdxMucuP+L*w:EEc ;3gg\K6l*. 3d 64, 69-70. Restatement 131. In order to win a breach of contract claim in Florida, a party must prove: Its important to know that in a breach of contract, a plaintiff must prove all three elements to win. 1 0 obj Defenses are set forth by a defendant in his answer to the complaint. 57 0 obj <>/Filter/FlateDecode/ID[<84184014DA34C17FF3F3310B382B15BA><0007A45C78623F49A1409ECD71D9317B>]/Index[52 15]/Info 51 0 R/Length 49/Prev 34531/Root 53 0 R/Size 67/Type/XRef/W[1 2 1]>>stream Co., v. Star Shipping, 173 F. Supp. Lets talk about how Bloodworth Law can help you or your business. Take, for instance, the affir-mative defense of release. %%EOF St. Joe Corp. v. McIver, 875 So.2d 375, 381 (Fla. 2004). Sources: Truth in Lending Act (TILA) 15 U.S.C. Florida Rule of Civil Procedure 1.110(d), in contrast, contains a nonexclusive list of affirmative defenses: The employee failed to give proper Notice under 440. Usually, a unilateral mistake is not a defense to breach of contract. A negative defense is the specific denial of the material fact or facts alleged in the pleading . A motion for extension of time and a motion to dismiss are more appropriate first filings. Sources: Vistein v. American Registry of Radiologic Techns., Dist. Dont go to court without Courtroom5. Restatement 131. 2d 1354, 1367 (M.D. 3d at 1157 n.3. If someone is forced to sign a contract under some sort of threat, they cannot be said to have voluntarily entered into a deal. Rule 1.110(d) of the Florida Rules of Civil Procedure provides a long, but by no means exhaustive, list of viable affirmative defenses. Most people are familiar with the concept of double jeopardy and how it applies to criminal law but the concept doesnt really have a place in civil matters. Rule 1.140 - DEFENSES (a) When Presented. 4 0 obj Sources: Doe v. Deer Mountain Day Camp, Inc., 682 F. Supp. 1st Cir. How Do I Calculate My Florida Personal Injury Settlement? When determining whether a contract is procedurally unconscionable, Florida courts consider the following: (1) the manner in which the contract was entered into; (2) the relative bargaining power of the parties and whether the complaining party had a meaningful choice at the time the contract was entered into; (3) whether the terms were merely presented on a take-it-or-leave-it basis; and. Monday: 9 a.m. - 6 p.m. Tuesday: 9 a.m. - 6 p.m. Wednesday: 9 a.m. - 6 p.m. Thursday: 9 a.m. - 6 p.m. Friday: 9 a.m. - 6 p.m. Disclaimer: All website visitors to LawyerFightsForYou.com who read content on this website should seek legal counsel from an experienced and qualified attorney. This defense is most likely to succeed when the plaintiff doesn't follow the state's pleading requirements. Affirmative DefenseFraud ASSERTION: The plaintiff committed fraud. They are an essential part of your case strategy. Conduct that constitutes unclean hands may include failure to perform under the contract terms, fraud, coercion, or committing a crime. Affirmative defenses, which are grounded in SUBSTANTIVE LAW, state that an allegation may or may not be true, but that even if it is true, the law provides a legal defense that defeats the plaintiff's claim. *. Elements of an affirmative defense may vary across jurisdictions, so check to be sure you have the right ones for your jurisdiction. . commit a criminal or tortuous act against the party, his family or his property; commence a civil action under circumstances which could be deemed abuse of process; refuse to perform a contract in order to extract an economically unjustified modification; or. Sample Elements: unreasonable delay or lapse of time in asserting a right absence of an excuse for the delay knowledge, actual or constructive, of the injury or wrong prejudice to the other party.Source: State ex rel. Affirmative DefenseFraud ASSERTION: The plaintiff said he owned the property in dispute but knew all along he didnt. Aviation, Inc. v. AeroFlight Serv., Inc., 712 So. Another point to consider is that the area of equitable defenses is a complex. If you have been sued, you might have a basis to raise affirmative defenses. Rather, an affirmative defense states a reason why the defendant's actions were permitted and why the plaintiff should not prevail. 2d 1050, 105354 (Fla. 5th DCA 2006). Lack of consent includes everything from mental capacity to the age of the parties. Sample Elements: an act or event occurring subsequent to the making of a contract that must occur before there is a right to immediate performance and before there is a breach of the contractual duty.Sources: Hohenberg Bros. Co. v. George E. Gibbons & Co. 537 S.W.2d 1, 3 (Tex.1976). @Xn>G$el Av2:dQ^|`w'N~!]RN TUTUuH7Z+.zkWD"eU~u^vInpeC};AA;Y#]%tkR?6]tX/VfMPh-F&$ . Failure to properly raise affirmative defenses means that you waive those defenses. As such, the party claiming duress must establish that the effects of the alleged coercive behavior affected their subjective intent to act. Id. A defendant-insurer's affirmative defenses, as pleaded in their answer, are subject to a motion to strike under Rule 12 (f) when they are "nothing but bare bones conclusory allegations" that fail "to allege the necessary elements of the alleged claims.". Affirmative DefenseFraud ASSERTION: The plaintiff made a false statement when I signed the contract. The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk. A defendant has the burden to prove an affirmative defense claims by a preponderance of the evidence. Affirmative claims are filed in order to recover lost federal wages and the cost of medical care provided. Undue influence is similar to duress. Statutes and appellate cases are good resources for this. Conversely, a contract based on mutual mistake made at the time of the contract formation may be a defense to breach of contract where: A party may avoid a contract by proving mutual mistake regarding a basic assumption underlying the contract. Leff v. Ecker, 972 So. An affirmative defense must be raised (named) by the defendant in response to the plaintiff's liability claim. 705 Douglas Ave., Altamonte Springs, FL 32714. Defendants did not know or show reckless disregard for whether their conduct was prohibited by the FLSA. You must list your affirmative defenses when you respond to a debt lawsuit. 1601, et seq. One of the most common examples of this defense would be contracts with minors. v. Midwhey Powder Co., Inc ., 883 F.2d 1286, 1294 (7th Cir. Because a contract requires the two sides to come to a meeting of the minds if one or both sides of the contract were mistaken about the key facts the contract is based on, there may never have been a true contract formed. Restatement 15. Affirmative defenses give you something to focus on in discovery. When does the Florida Statute of Limitations Begin? Sources: Skandia Ins. Affirmative Defenses to an unlawful detainer complaint include the following: Habitability: Where the landlord has breached the warranty to provide habitable premises. xVn6}7GqQUb]4@`>^6qA3%K%(`ICsf8$ k89\>kHJ)ZZ Seventh Affirmative Defense 7. According to Rule 1.110(d) of the Florida Rules of Civil Procedure, the following affirmative defenses must be raised when pleading to a preceding pleading: If you have been sued and seek to raise affirmative defenses to a particular claim, please contact Joel Ewusiak for legal assistance with your specific matter. (1) Unless a different time is prescribed in a statute of Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading on the defendant, or not later than the date fixed in a notice by publication. what is threatened is otherwise a use of power for illegitimate ends. Fulgencio Law, fighting for your rights. This is known as the statute of frauds and it can be one of the defenses to breach of contract. I am listing merely some affirmative defenses unique to the Florida Trust Code and Florida Trust Litigation, not necessarily the "common" or "regular" affirmative defenses which Florida law provides. Restatement (Second) of Contracts 151 (1981) (Restatement). (407) 245-7700. info@cbswlaw.com. Save my name, email, and website in this browser for the next time I comment. Case 20-01079-SMG Doc 157 Filed 06/08/22 Page 1 of 9. Contributory Negligence. Opinion. Only rely upon information presented by an attorney in a formal setting, in-person, to address or answer your legal queries. They are a potent procedural weapon to defeat or diminish the plaintiff's claim or claims. If the defendant alleges an affirmative defense or files a countersuit, it must put on evidence of liability for the countersuit or evidence of the affirmative defense. Know what matters. Duress is a defense that looks at the mindset of the parties entering into the contract. The parties must be capable of an intelligent assent in order to make a valid contract. 11 Fla. Jur 2d Contracts 17 (2019). It is now well settled that [t]wo factors must be proven to establish duress: (a) that the act sought to be set aside was effected involuntarily and thus not as an exercise of free choice or will and (b) that this condition of mind was caused by some improper and coercive conduct of the opposite side. Id. Sample 3. What is the Average Cost of a Funeral in Florida? If someone does file a breach of contract claim, you have several options to defend yourself. Rather, an affirmative defense states a reason why the defendants actions were permitted and why the plaintiff should not prevail. In Florida, the statute of limitations for breach of contract claims is: 1 year for specific performance of a contract requiring a party to perform a specific action per an existing contract. An example would be that the defenses used in . Florida follows the laws of comparative negligence. For duress to excuse performance of a contractual duty, the duress must essentially deprive the party of their agency, or ability to choose. Restatement 177(2). 2 0 obj Sample Elements: a legally enforceable obligation of a plaintiff to a defendant the plaintiffs violation or breach of that obligation injury or damage to the defendant caused by the breach of obligation.Sources: Filak v. George, 267 Va. 612, 619, 594 S.E.2d 610, 614 (2004). : 2020-007207-CA-01 TPC OVERTOWN BLOCK 45, LLC, a . If true, the contract would be unenforceable. Sample Elements: the existence of a previously valid contract the agreement of all the parties to a new contract the extinguishment of the original contractual obligation the validity of the new contract.Source: Sans Souci v. Division of Fla. Land Sales & Condominiums, Dept. A unilateral mistake means that one of the parties to the contract did not understand what the contractual agreement was. Under the Florida Rules of Civil Procedure, a party is not required to reply to the opposing party's affirmative defenses merely to deny them. [oItA;{Ok1uM*y1icS|: v h Events that may make performance of the contract impossible include: The doctrine of frustration of purpose excuses performance by a party where the value of performance regarding the subject of an agreement has been frustrated or destroyed. Hopfenspirger v. West, 949 So. These statements must be sufficient to warrant relief from the court. Affirmative Defenses in Divorces. Duress involves a dual concept of external pressure and internal surrender or loss of volition in response to outside compulsion. Id. Likewise, there are several substantive defenses we often use that are affirmative . 12191 W. Linebaugh Ave., #755, Tampa, Florida 33626. I filed an unlimited civil case in superior court. 3d at 115758. the party seeking discharge was not at fault; the nonoccurrence of such event was a basic assumption on which the contract was made; and. 725.01. First, find the elements of the defense you want to assert. Offices: Tampa, FL and Lakeland, FL. What Kinds of Affirmative Defenses Are Viable in a Florida Personal Injury Case. Furthermore, according to the Court, two affirmative defenses - failure to state a claim and failure to plead fraud with specificity - were really pleading standards and thus not appropriate affirmative defenses. Restatement 152, 153. Qs A valid contract requires capacity of the parties. Source: US v. Andrade-Rodriguez, 531 F. 3d 721 Court of Appeals, 8th Circuit 2008. Nevertheless, the most common affirmative defenses are listed in Florida Rule of Civil Procedure 1.110. 176. 66 0 obj <>stream Phone: 727.286.3559 | Fax: 727.286.3219 | Email: joel@ewusiaklaw.com, Sale of Securities, Investments, and Insurance, The Failure to Disclose Conditions Affecting the Value of Property , When To Carefully Scrutinize an Investment Product. How Can Victims of Uber Accidents Obtain Compensation? For example, if you go see a baseball game and pick a seat down in front right next to the diamond, its feasible that a foul ball could come your way. Sample Elements: the transaction must be a loan or forbearance; the interest to be paid must exceed the statutory maximum the loan and interest must be absolutely repayable by the borrower; and the lender must have a willful intent to enter into a usurious transaction. May 24, 2017 Joel Ewusiak. There is an unreasonable delay by one having legal or equitable . As with every kind of personal injury case, the endless number of variables makes your claim unique. Florida Rule of Civil Procedure 1.110(d), in contrast, contains a nonexclusive list of affirmative defenses: In pleading to a . Gulisano Law, PLLC. Corp. v. Seyopp Corp. [17 N.Y.2d 12, 267 N.Y.S.2d 193], 214 N.E.2d 361, 362 (1966). A reputable personal injury attorney from Fulgencio Law will be able to help you. An aggrieved party may avoid a contract based on misrepresentation where the assertion was either material or fraudulent. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other . Knowing the elements of an affirmative defense and having the ability to properly assert that defense takes you a long way to managing your case strategically. Reading information from this website does not create an attorney-client relationship. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Sample Allegations: failure to provide the Housing and Urban Development (HUD) special information booklet; failure to provide a Mortgage Servicing Disclosure Statement and good faith estimate of settlement/closing costs to the defendant at the time of the loan application or within three (3) days thereafter; failure to provide defendants with an Annual Escrow Disclosure Statement for each year of the mortgage since its inception; giving or accepting fees, kickbacks and/or other things of value in exchange for referrals of settlement service business, and splitting fees and receiving unearned fees for services not actually performed; or charging a fee at the time of the loan closing for the preparation of truth-in-lending, uniform settlement and escrow account statements. DCA 2011), in which the trial court The main defenses include: Each of these defenses to breach of contract is discussed below. LIST OF DEFENSES, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS Truth in Lending Act (TILA) Citation: 15 U.S.C. 725.01. The legal doctrine of res judicata, however, is somewhat similar, stating that a claim already adjudicated by a qualified court can not be pursued further by those involved. Sample Elements: the issue previously decided is identical with the one presented in the action in question the prior action has been finally adjudicated on the merits the party against whom the doctrine is invoked was a party or in privity with a party to the prior adjudication the party against whom the doctrine is raised had a full and fair opportunity to litigate the issue in the prior action.Source: Betts v. Townsends, Inc., 765 A.2d 531, 535 (Del.2000). % The threat must be of sufficient gravity to make the contract voidable, determined based on an examination of the victims experience, sophistication, age, and other relevant personal characteristics. Meyers v. Columbus 71 Ohio St.3d 603, 605, 646 N.E.2d 173 (1995). This means that a jury has the power to decrease a plaintiffs award for damages by the percentage of fault deemed to be theirs. Rule 1.110(d) of the Florida Rules of Civil Procedure provides a long, but by no means exhaustive, list of viable affirmative defenses. Copyright 2022.All Rights Reserved. Grp., L.L.C., 716 N.W.2d 366, 377 (Minn.App.2006). If so, they could, realistically, see their financial compensation decreased or quashed altogether due to their apparent assumption of risk. Defenses may either be negative or affirmative. Sixth Affirmative Defense 6. If you have sustained injuries during any kind of accident that was caused by another persons negligence or carelessness, there is evidence out there that will substantiate your claim. Depending on the circumstances of the case, the defendant could assert res judicata as a valid affirmative defense. Truth (is a defense in a defamation lawsuit) (Click here for a list of four defamation defenses to be aware of) 66. In order to qualify for the defense of frustration of purpose, there must have been an unforeseen event that severely undermines the original justification for entering into the contract. However, your affirmative defenses should be uppermost in your mind early on. 185 (1). Agreements that by its terms cannot be performed within a year from the making of the contract; Promises to pay someone elses debt, including co-signing a loan; Agreements for the purchase and sale of land; Agreements for the lease of real property for longer than one year. For mistakes, there are Unilateral or mutual mistakes. Largely unique to the Eleventh Circuit, a shotgun pleading is one that lacks sufficient clarity to allow the adversary fair notice of the claims or defenses against them. Typically, mistake of fact is a regular defense, rather than an affirmative defense. Affirmative defenses are the type of "yea, but.." defenses. Affirmative Defenses. However, not all mistakes are defenses to breach of contract. Res. Florida follows the laws of comparative . Opinion, Truth/Falsity, Privilege (Absolute, Qualified, Statutory, & Fair Report), Incremental Harm Doctrine, Wire Service Defense, & The Communications Decency Act. All content on this website, online and social media assets are owned and created by Attorney L. Reed Bloodworth, Bloodworth Law, PLLC, and is protected by the DMCA Copyright Act. An affirmative defense does not contest the primary claims or facts (for example, that there was a breach of contract), but instead asserts mitigating facts or circumstances that render the breach claim moot. 2004-2023 Bloodworth Law, PLLC | All rights reserved.