One who is in extreme need may knowingly consent to a most improvident bargain, solely to relieve the straits in which he finds himself. 702 and Steele v Williams (1853) 8 Exch. Mr. Bundy then increased his exposure to 11,000 after the assistant manager of Lloyds failed to notify him of the company's true financial condition. But it has never interfered with banks. The Supreme Court and this Court have repeatedly emphasized that traffic stops are especially hazardous. Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. Area of law Lloyds foreclosed on the house when the money was not paid and Mr. Bundy had a heart attack in the witness box. Again, I do not mean to suggest that every transaction is saved by independent advice. Every year in traffic stops and pursuits in the United States, about 6,000 police officers are assaulted-and about 10 officers are killed. Sometimes the relationship is such as to raise a presumption of undue influence, such as parent over child, solicitor over client, doctor over patient, spiritual adviser over follower. WebIf you are a Lloyds Bank personal banking customer and are located outside of the UK, get in touch using the numbers below. in Allcard v. Skinner, 36 Ch.D. As then-Judge Roberts explained, [a]pproaching a stopped car-particularly when there is reason to believe the driver or occupants may be armed-is one of the more perilous duties imposed on law enforcement officers. United States v. Holmes, 385 F.3d 786, 791 (D.C.Cir.2004). Bundy had trusted the bank, and they took advantage of him. Court of Appeal of England and Wales His son operated a business that did not do very well, and he asked his father to give him collateral for taking out loans from Lloyds. Practice Note FC CM 9 - Freezing Orders (Also known as Mareva Orders or Asset Preservation Orders), Bank of South Australia Ltd v Ferguson (1998) 192 CLR 248. One example, the United States claims, is creditors' interest in fully recovering debts. A contract is voidable for unconscionability if: Lord Denning MR, Lord Cairns LJ, and Sir Eric Sachs JA. This website uses cookies to improve your experience while you navigate through the website. in Allcard v Skinner (1887) 36 Ch.D. But the absence of it may be fatal. This provision excepts from discharge debts incurred by defalcation while acting as a fiduciary. You can change your mind at any time by visiting our cookie policypage. Moreover, Brunstad contends that the fresh start policy is important to the whole nation because it helps avoid the problem of a having a perpetual class of indebted individuals. (2d) 710 and Knupp v Bell (1968) 67 D.L.R. Eligible deposits are deposits held by private individuals and charities. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictions[1] that all impairments of autonomy could be collected under a single principle of "inequality of bargaining power. But to all of them the general principle obtains which was stated by Lord Chelmsford L.C. When a vessel is in danger of sinking and seeks help, the rescuer is in a strong bargaining position. Parliament has intervened to prevent moneylenders charging excessive interest. The second are those where the stronger has not been guilty of any wrongful act, but has, through the relationship which existed between him and the weaker, gained some gift or advantage for himself. gov/ucr/killed/2006/index.html. WebThe defendant was the father of a man who borrowed money from the claimant bank for his company. 1868.1. In short, after Bullock could not produce the registration and could not name the owner of the car, Officer Jackson possessed reasonable suspicion that Bullock had stolen the car; under Terry, Officer Jackson therefore had justification to frisk Bullock to ensure officer safety. 523(a)(4), which prohibits discharge of debts arising from fraud or defalcation while acting in a fiduciary capacity. The bankruptcy court granted the Banks motion for summary judgment, concluding that Bullocks self-dealing amounted to fraud and defalcation. Lloyds' response was provided by TLT on 2 April 2019. The trust's sole asset was a life insurance policy on the life of his father, Curt Bullock. The charge was for 11,000. 2004) (It is undoubtedly true, however, that in some cases the right to conduct a protective search must follow directly from the right to stop the suspect Lower courts have been inclined to view the right to frisk as being automatic whenever the suspect has been stopped upon the suspicion that he has committed, was committing, or was about to commit a type of crime for which the offender would likely be armed, whether the weapon would be used to actually commit the crime, to escape if the scheme went awry, or for protection against the victim or others involved.); Wayne R. LaFave, Street Encounters' and the Constitution: Terry, Sibron, Peters, and Beyond, 67 Mich. L.Rev. We offer banking on wheels with V1BE, a one-of-a-kind banking delivery app. A typical case is when a man is in a strong bargaining position by being in possession of the goods of another by virtue of a legal right, such as by way of pawn or pledge or taken in distress. See M Dixon Resulting Court Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. I put on one side contracts or transactions which are voidable for fraud or misrepresentation or mistake. Copyright 2023, Thomson Reuters. Because the clarity and force of the bright-line rule set forth in Mimms are sometimes under-appreciated, if not ignored entirely, the decision warrants extensive quotation: We think it too plain for argument that the State's proffered justification-the safety of the officer-is both legitimate and weighty. Randy Bullock was appointed trustee of his father's trust in 1978. Moreover, the United States asserts that the Court has recognized the importance of deterring trustees from "dividing [their] loyalties" and strictly enforcing rules designed to prevent breaches of loyalty. If the father had gone to his solicitor - or to any man of business - there is no doubt that any one of them would say: "You must not enter into this transaction. Despite differences between the English and the European jurisdictional regimes, the approach adopted by the European Court of Justice (see eg. 275 . Citation You are giving up your house, your sole remaining asset, for no benefit to you. The bank did not promise to continue the overdraft or to increase it. Lloyds Bank at 90-91, 105; see also United States v. Rowland, 341 F.3d 774, 784 (8th Cir.2003). In the minority, Lord Sumption (with whom Lord Hughes agreed) thought that damage meant the damage which completed the cause of action. The Bank notes that even if courts use the extreme recklessness standard supported by Bullock and the First and Second Circuits, they will come to the same finding of defalcation as concluded by the Eleventh Circuit. Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank Plc (Lloyds) The High Court's landmark judgment in Lloyds fired a starting pistol for many in the pensions industry in the race to equalise guaranteed minimum pensions (GMPs). Making such a distinction, Bullock explains, upholds the proper objectives of Section 523(a)(4) and bankruptcy law generally, which are to provide a debtor with a fresh start and to withhold financial relief, in the form of a discharge, only from true wrongdoers who inflict serious harm. 1868; Sibron v. New York, 392 U.S. 40, 65, 88 S.Ct. Whether youre a cash-heavy business or a busy person on the go, [1] Metropolitan Police Department Officer Jackson stopped Bullock for the traffic violation. He agrees to pay a high rent to a landlord just to get a roof over his head. Bullock appealed to the district court, which affirmed the bankruptcy courts decision. See id. Bullock did not have registration; he also could not identify the car's owner, giving Officer Jackson just a first name for the alleged owner. (2d) 256 . Cowcher v Cowcher [1972] 1 WLR 425 . While Petitioner Bullock argues that the Eleventh Circuit employed the wrong test to identify defalcation, thereby erroneously refusing to let him discharge his debt in bankruptcy, Respondent BankChampaign ("Bank") counters that the lower courts properly identified Bullocks defalcation and appropriately prevented him from discharging his associated debt. In what fiduciary capacity are Lloyds Bank PLC assessing, processing and sharing our data?3. The Court will address the balance between rights of debtors, who seek a fresh start through bankruptcy, and the protection of creditors, whose claims as trust beneficiaries may survive bankruptcy. See The Venture [1908] P 218 . However, there is an exception to this rule when the parties have not met on equal terms when one is very strong in bargaining power and the other is very weak it is a matter of fairness that the stronger party should not be able to push the weaker one to the wall. 882. The Supreme Court later extended the bright-line rule to passengers, holding that an officer making a traffic stop may order passengers to get out of the car pending completion of the stop. Id. 06-3152. Judgement for the case Lloyds Bank v Bundy D mortgaged his farm to P to raise money for his son business and on failing his mortgage payments, the bank began Conditions for permission to serve proceedings outside the jurisdiction a reminder. WebTouring the world with friends one mile and pub at a time Citadel General Assurance Co. v. Lloyds Bank Canada, [1997] 3 S.C.R. He can recover the excess: see Astley v Reynolds (1731) 2 Stra. You can edit branch details by clicking here if you believe the information is incomplete, incorrect, out of date or misleading. He trusted his son. Bundy refused to leave the house, and the bank sued to have him evicted. See United States v. Brown, 334 F.3d 1161, 1165 (D.C.Cir.2003) (neighborhood known for drug activity); Edmonds, 240 F.3d at 60 (high-crime area); Johnson, 212 F.3d at 1316 (high-crime area); State v. McGill, 234 Wis.2d 560, 609 N.W.2d 795, 802 (2000) (Sykes, J.) These are divided into two classes as stated by Cotton L.J. the stronger has taken advantage of their relationship of the weaker to gain an advantage for himself. Undue pressure the stronger party forces the weaker to enter into an unfair agreement by threatening them. Bullock argues that the Bankruptcy Code is based on a "fresh start" policy. Respondent In the case at bar, the consideration from the bank was grossly inadequate they benefitted greatly, but they gave Bundy nothing in return as his son's business was failing anyway. First, we consider the propriety of Officer Jackson's order that Bullock get out of the car. What is unconscionability? The case also suggests at least some judicial appetite for reform of the contract gateway in the Civil Procedure Rules which permits service abroad of claims arising from contracts made in England. When finding that there had not been any contract between the claimant and the defendant, Lord Sumption noted obiter that the legal test for where or when a contract is made is somewhat artificial in nature. The test is particularly arbitrary when the mode of communication used is instantaneous as it depends on assumptions about the point at which an offer is accepted or deemed to be accepted and gives rise to serious practical difficulties. Lord Sumption considered that the issue could profitably be re-examined by the Civil Procedure Rules Committee. Cf. In 2002, the state court granted the brothers' motion for summary judgment, concluding that Randy did not have a malicious motive, but that his loans were indisputably "self-dealing transactions." The Supreme Court's decision will aid the federal courts in deciding what level of conduct rises to defalcation, and thus, whether certain kinds of debt may be discharged. This case should be considered to be a landmark case for contract law and especially the aspect of undue influence. Applying Terry, courts routinely hold that protective frisks to ensure officer safety are permissible when an officer has reasonable suspicion that the suspect committed a crime involving or associated with carrying or using a weapon. After filing for bankruptcy, BankChampaign, N.A., who was appointed successor trustee, sued Bullock pursuant to 11 U.S.C. Under the Banks reasoning, because the duty of loyalty is a trustees most fundamental duty to trust beneficiaries, a self-dealing trustee is held to such a strict standard that his act of self-dealing may be deemed extremely reckless. No bargain will be upset which is the result of the ordinary interplay of forces. He declined to express an opinion on Lord Denning's dicta. 2400, 2407, 168 L.Ed.2d 132 (2007) (quoting Wilson, 519 U.S. at 414, 117 S.Ct. (2) The relationship between the bank and the father was one of trust and confidence. The Court of Admiralty have always recognised that fact. His son, Michael, owned a business that was in financial trouble. UK Personal Banking customers +44 1733 347 007 - Bank Account Servicing +44 1733 232 030 - Online Helpdesk +44 207 481 2614 - Bank Account Fraud. On the contrary, it required the overdraft to be reduced. United Bank Mechanicsville branch operates as a full service brick and mortar office. Further, Bullock contends that his return of trust property negates any mental state that would be required to find him guilty of a crime that requires willful misconduct. BankChampaign ("Bank") argues that any act of self-dealing by a trustee is a violation of the duty of loyalty, and thus, constitutes defalcation. 17 (1956), p. 682 and, in Canada, Morrison v Coast Finance Ltd (1965) 55 D.L.R. Opinion for the Court filed by Circuit Judge KAVANAUGH. Decided: December 21, 2007 618 (3d Cir.1995) (suspicion of fraud at bank; 723 , 723-724; Parker v Bristol and Exeter Railway Co (1851) 6 Exch. I go only to those where there has been inequality of bargaining power, such as to merit the intervention of the court. No advice to get an independent opinion was given; on the contrary, Mr Head chose to give his own views on the company's affairs and to take this course So the breach of the duty to take fiduciary care is manifest. Noting that the Code's discharge exceptions are driven by either the "type of debt" or the "type of fault," Brunstad contends that defalcation falls into the latter category, and thus requires a serious act involving some fault. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. These cookies will be stored in your browser only with your consent. Unconscionability Yet the bank failed in that trust. in Tate v Williamson (1866) 2 Ch.App. Lord Sumption said that there are two important policy considerations supporting a narrow interpretation of damage: The jurisdictional gateways seek to identify a substantial link between the cause of action and England. Gathering all together, I would suggest that through all these instances there runs a single thread. Bullock argues that the Eleventh Circuits interpretation of defalcation is inappropriate because a literal reading of the statute, in keeping with the goal of bankruptcy to provide a debtor with a fresh start, indicates that a person must act with intent to deceive, and his action must result in a loss of assets from the trust. The bright-line rule of Mimms means that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle. Wilson, 519 U.S. at 410, 117 S.Ct. The question was whether the contract leading to the repossession of the house was voidable for some iniquitous pressure.[2]. When the lawyers from the bank came over with his son they explained that this was the only thing that he could do to help his son, and Bundy signed the document. 1868, 20 L.Ed.2d 889 (1968). In other words, the frisk in Terry was permissible because of the nature of the suspected crime-armed robbery. 3469, 77 L.Ed.2d 1201 (1983). 1868 (Harlan, J., concurring)). Bullock argues that the Eleventh Circuits interpretation of defalcation under an objective recklessness standard is inappropriate. What is the definition of defalcation under 523(a)(4) of the Bankruptcy Code? Court of Appeal narrow interpretation of damage. In 2001, two of Bullocks brothers who were also trust beneficiaries, sued him for breach of his fiduciary duty, and the court held Bullock liable to the trust for $285,000. 1921. The Supreme Court did not need to consider the tort claims jurisdictional gateway as it found that the Canadian holding company was not the correct defendant to the claimants claims. The Supreme Court made important obiter observations, however, on the meaning of damage for the purposes of the tort jurisdictional gateway, which enables the English court to permit service of an English tort claim abroad where damage was sustained, or will be sustained, within the jurisdiction. The common law will not interfere. Bullock argues that the Court should define "defalcation" as requiring "conscious misbehavior or extreme recklessness" by a fiduciary. Because a trustee's highest duty is loyalty to the trust's beneficiaries, the Bank reasons that any act of self-dealing is a breach of loyalty, and thus, a defalcation. He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. [2] Michael's company got into further financial difficulty. The case also suggests at least some judicial appetite for reform of the contract gateway in the Civil Procedure Rules which permits service abroad of claims arising from contracts made in England. The Supreme Court's decision will determine what level of misconduct by a trustee rises to "defalcation" under the Bankruptcy Code. Mr. Bundy had already guaranteed the business with a 7,500 charge over his only asset, his farmhouse, to Lloyds Bank. In the recent case of Bullock v. Lloyds Bank Lord Sumption considered that damage meant direct damage, relating to the nature of the duty broken in a personal injury action and the character of the damage recoverable. 1889, 20 L.Ed.2d 917 (protective frisk is designed to uncover concealed objects which might be used as instruments of assault). "Here, to comply with the terms of the said Guarantee, the solicitors' letter to the Bank dated 14 November 1989 specifically demanded payment of RM400,000 under the said Guarantee giving the reason that the agent had failed to perform its part of the covenants under the GSA agreement. 1975 Contrary to the suggestion in the dissent of our Brother Stevens, post, at 122, 98 S.Ct. (suspect did not pull over right away but continued down street and parked in driveway). 915 and Green v Duckett (1883) 11 Q.B.D. No reviews about the branch yet. In 2009, when Bullock filed for bankruptcy under Chapter 7 and sought to discharge the debt owed to the trust from the 2001 decision, BankChampaign, as successor trustee, filed an adversary proceeding to prevent Bullocks discharge of this debt, pursuant to Section 523(a)(4) of the Bankruptcy Code. Denning, writing for a unanimous (in the result) court, states that in the vast majority of cases a customer who signs a bank charge cannot get out of it. WebGoddard v. Carlisle (A), where a hus-band exercised undue influence over a third person in order to get a benefit conferred on his wife. Listen to casenotes from legal cases from your University course from your computer, ipad or phone. Bullock was driving a car in Washington, D.C., and made an illegal turn. 882. As the Supreme Court has explained, the risk of harm to the police when stopping a car is minimized if the officers routinely exercise unquestioned command of the situation. Brendlin v. California, 551 U.S. 249, 127 S.Ct. The first are those where the stronger has been guilty of some fraud or wrongful act - expressly so as to gain some gift or advantage from the weaker. Lloyds Bank v Bundy I have no doubt that the assistant bank manager acted in the utmost good faith and was straightforward and genuine. (4) There was a conflict of interest between the bank and the father. That was for the benefit of the bank. Sir Antonio joined Credit Suisse in April 2021 following a series of scandals at the bank. Yet there are exceptions to this general rule. This case summary is part of the Allen & Overy Litigation and Dispute Resolution Review, a monthly publication. But that was one of 2018's biggest cases. Instead, Bullock asserts that to find defalcation, the Bank had to prove Bullocks extreme recklessness in self-dealing. He was sentenced to 12 years and 7 months in prison and timely appealed. For lobby hours, drive-up hours and online banking services please visit the official website of the bank at primisbank.com. Lord Westbury said, at pp. The state court awarded the brothers $285,000 in damages, and placed Bullock's property gained from self-dealing and his interest in his father's trust into two constructive trusts to serve as collateral. The father and son had both banked at the branch for many years and relied on advice given. Parliament has Court of Appeals for the Eleventh Circuit, Discharging Fiduciary Debts in Bankruptcy, Debtor Asks Supreme Court to Heighten Defalcation Standard in Discharge Cases, United States Court of Appeals for the Eleventh Circuit. Instead, Bullock advocates for the more rigorous standard of extreme recklessness used by the First and Second Circuits, which requires a trustees conscious misbehavior and wrongful intent in order to find defalcation. As the Supreme Court has reiterated, Mimms establishes a bright line rule. 882); see also Adams, 407 U.S. at 146, 92 S.Ct. In such cases, it logically and necessarily follows that the officer may reasonably conclude the suspect may be armed and presently dangerous. Terry, 392 U.S. at 30, 88 S.Ct. BankChampaign, in contrast, argues that because a trustee owes a duty of loyalty to trust beneficiaries, any instance of self-dealing amounts to defalcation, regardless of both the trustees mental state and whether there has been a net loss in the trusts assets. How the Court defines the elements of defalcation will determine how easily debtors in bankruptcy may discharge their debts. Bullock reasons that a trustee who demonstrates an extreme departure from the standards of ordinary care has engaged in defalcation, whereas a trustee who consciously takes a risk with the assets of the trust has not. Yet the bank did not realise it. For more details, please see our cookies policy. As such, the Bank argues that if the Bankruptcy Code's defalcation exception did not include breaches of loyalty, then nothing would count as a defalcation. 1868. What is at most a mere inconvenience cannot prevail when balanced against legitimate concerns for the officer's safety. Applying it to the present case, I would notice these points: (1) The consideration moving from the bank was grossly inadequate. Bullock was appointed trustee in 1978, and without the beneficiaries' knowledge, took three loans from the trust, which he ultimately paid back in full. Like burglary, car theft is a crime that often involves the use of weapons and other instruments of assault that could jeopardize police officer safety, and thus justifies a protective frisk under Terry to ensure officer safety. WebThe couple were unable to keep up with the mortgage payments, so the building society who granted the mortgage began possession proceedings. Moreover, the Bank criticizes Bullocks argument in favor of reading Section 523(a)(4) to support bankruptcy laws fresh start above other policies. 1868. And we have specifically recognized the inordinate risk confronting an officer as he approaches a person seated in an automobile. Issue 876, 885 (10th Cir.2001) (permissible to frisk driver prior to consensual search of potentially stolen van); United States v. Bradley, 1990 WL 124205, at *2 (6th Cir.1990) (officers were justified in frisking both the driver and passenger of the car that they believed to have been recently stolen because it was reasonable to believe that a person suspected of having recently been involved in a car theft[] might have been armed and dangerous). Here, Bullock was lawfully stopped for a suspected moving violation. See Akerblom v Price (1881) 7 Q.B.D. See Tr. Bullock notes that separate from a consideration of mental state, defalcation under Section 523(a)(4) requires a failure to account for entrusted funds or a shortage in accounts. Because Bullock repaid each of the loans he took from the trust and made the loans only to himself and his mother, he asserts that there is neither a shortage of funds in the trust nor a failure to account for funds. Professor Brunstad also urges a narrow interpretation, arguing that Congress intended defalcation to mean acts of "serious malfeasance." Bullock received three citations for traffic violations and was arrested and later indicted for illegal drug possession with intent to distribute. 11. First, it does not matter that the car had not yet been reported as stolen; Officer Jackson could still reasonably suspect that the car was stolen because Bullock could not produce registration and could not even name the alleged owner of the car. 434 U.S. at 110-11 & n. 6, 98 S.Ct. The first category is that of "duress of goods." After becoming the trustee to his familys trust, Randy Curtis Bullock made three loans from the trust, to himself and his mother for various business endeavors in which Bullock had a financial interest. Lower courts are divided as to whether a fiduciary such as Bullock must possess wrongful intent in order to commit defalcation under Section 523(a)(4). The husband asked the claimant WebLloyds Bank plc v Rosset [1991] AC 107 . Bullock's brothers claimed that he breached his fiduciary duty as trustee of their father's trust by engaging in unlawful self-dealing. 2023 Legalease Ltd. All rights reserved, Registered company in England & Wales No. 166 , 174 (reversed on another ground, 2 De G.F. & J. His brothers had sued him for breach of fiduciary duty as trustee of their father's trust. at 33, 88 S.Ct. All that the company gained was a short respite from impending doom. There are many hard cases which are caught by this rule. The case of Charterbridge Corp. Ltd V Lloyds Bank Ltd is illustrative as the court stated that the duty to act in good faith in the interest of the company could be impugned where what the director did was something which no intelligent and reasonable man could have reasonably considered to be in companys interest. It is important to identify when a complaint is made as a regulated firm for two primary reasons: first, a complaint triggers the dispute resolution procedure under DISP of the FCA's UNITED STATES of America, Appellee v. Glenn F. BULLOCK, Jr., Appellant. He would naturally desire to accede to his son's request. The Bank also emphasizes that the duty of loyalty is the highest known to law, and that breaches of the duty are some of the most serious offenses recognized by law. WebThe bankruptcy court granted the Banks motion for summary judgment, concluding that Bullocks self-dealing amounted to fraud and defalcation. In contrast, the Bank advocates against choosing any one existing standard for the mental state required to establish defalcation. Appellant Year The defendant guaranteed the companys overdraft on behalf of his son and later Bundy's relationship with his son and desire for him to succeed had a strong influence on him and negated his bargaining power. The third category is that of "undue influence" usually so called. In order to get further security, it asked the father to charge the house - his sole asset - to the uttermost. Primis Bank Windmill is open Monday to Friday and closed on Saturdays and Sundays. Country In 2002, an Illinois state court awarded the brothers damages of $285,000, concluding that Bullock did not appear to have malicious intent, but that he indisputably engaged in self-dealing, thus violating his fiduciary duty. The Bank notes, however, that Bullock has failed to account for trust funds because he has failed to report to the trust beneficiaries regarding the financial performance of the trust. WebIn prosperity limited V Lloyds Bank Limited (1923). Further, the Bank notes that Bullock also satisfies the less stringent test of objective recklessness because making a loan from trust property was willful and thus clearly reckless because of his significant obligations to trust beneficiaries. Sachs LJ held that a presumption of undue influence had not been rebutted, because Herbert was not independently advised. From a recent High Court decision, it appears that auditors may have a defence to a claim for audit negligence where they have relied on fradulent misrepresentations by a director of the company audited in circumstances where the company is vicariously liable for the fraud along with its director. The parties cannot be truly said to be on equal terms. 1868 (Harlan, J., concurring) (Where such a stop is reasonable, however, the right to frisk must be immediate and automatic if the reason for the stop is, as here, an articulable suspicion of a crime of violence There is no reason why an officer, rightfully but forcibly confronting a person suspected of a serious crime, should have to ask one question and take the risk that the answer might be a bullet.); Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct. Bullock's brothers learned of the existence of the trust after Randy repaid the loans.