Code of Ethics, Contract and Obligations: Learning Module 02
Code of Ethics, Contract and Obligations: Learning Module 02
Code of Ethics, Contract and Obligations: Learning Module 02
0323
Learning Module 02
0323
Module Overview
Introduction
This second module of the course EELC0323 will present the Code of Ethics for
Electrical Engineers in Packet 01, Contract and Obligations in Packet 02, and Case Studies in
Packet 03.
Learning Outcomes
Upon completion of this lesson, the student should be able to explain the basic concept
of contract and obligations, code of ethics for professional practice, and examine, interpret, and
present case studies related to EE Laws, Contract, and/or Ethics
Duration
The total number of hours allotted for this module is 15 hours and divided as follows:
Packet 01 : 9 hours
Packet 02 : 6 hours
Packet 03 : 9 hours
Delivery Mode
Discussion of each packet: Synchronous or asynchronous on-line
Quizzes: On-line asynchronous
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Learning Module 01
Code of Ethics,
Contract and
Obligations
Course Packet 01
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Course Packet 01
Course Packet 01
Objectives
Following are the key learning objectives that this course packet is intended to deliver:
Students will be able to demonstrate adherence to the EE Code of Ethics with regards
to his/her professional life
Students will be able to demonstrate adherence to the EE Code of Ethics in relation
with his/her client and employer; and
Students will be able to demonstrate adherence to the EE Code of Ethics in relation
with fellow engineers.
Duration
For this packet, a total of nine (9) hours is allotted and distributed as follows:
Presentation and discussion of the lesson : 9 hours
Delivery Mode
Synchronous or Asynchronous on-line
Readings
This packet
LESSON PROPER
Pursuant to Section 4, Paragraph (h) of RA 7920, known as the New EE Law of 1995,
Section 6 of PD 223, and Section 9 of Republic Act 184, the Board of Electrical Engineering have
adopted the CODE of ETHICS for Electrical Engineers.
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The Electrical engineer shall observe such a system of moral principles and values as a set of
dynamic standards to guide his conduct and way of life. It is his duty to practice his profession
according to this Code of Ethics. It is the duty of an electrical engineer to involve himself in
activities designed to promote the welfare of his community in particular as well as mankind
in general.
Article I
PROFESSIONAL LIFE
Section 1. An Electrical Engineer should discharge his duties with absolute fidelity to his clients
and employers, and to act at all times, with fairness and impartiality to all, having due regard
to public interest and welfare.
Section 2. An Electrical Engineer should uphold the honor and dignity of his profession and,
therefore, should avoid association with any person or enterprises of known questionable
character.
Section 3. An Electrical Engineer should strive to upgrade his skill and knowledge in Electrical
Engineering in order to give the best possible service to the public which could be attained by
interchanging information and experiences with other engineers, and by unselfishly
contributing to the mission of engineering societies, institutes, schools and engineering and
scientific media, and other public institutions.
Section 4. An Electrical Engineer should only advertise his work or merit in a simple manner
and avoid any practice that will discredit or do injury to the dignity and honor of his profession.
Section 5. An Electrical Engineer should endeavor to extend public knowledge of engineering
and shall discourage spreading the untrue, unfair, and exaggerated statements regarding
engineering.
Section 6. An Electrical Engineer, should have due regard at all times for the safety of the life
and health of his employees, other workers, as well as of the general public and for the
protection of property that may be affected by the work this responsibility.
Section 7. An Electrical Engineer should express an opinion on engineering subject, whether
publicly or privately, only when such opinion is called for, his opinion must be founded on
adequate knowledge and information of the relevant issues and facts based upon his honest
convictions.
Section 8. An Electrical Engineer should not issue statements, criticisms, opinions, arguments
or other views on matters except where public interest is affected.
Article II
RELATION WITH CLIENT AND EMPLOYER
Section 1. An Electrical Engineer should be fair, impartial and reasonable in rendering
professional service to his clients, employers and contractors regarding contracts or other
agreements.
Section 2. An Electrical Engineer should, before undertaking any engagement or entering into
any contracts which calls for his professional service that will require or need the use of
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apparatus, other equipment or things in which he has financial interest, have such situation
clarified in the contract or agreement to avoid conflict of interests.
Section 3. An Electrical Engineer should be vigilant in guarding against conditions that may
Course Packet 01
Article III
RELATIONS WITH FELLOW ENGINEERS
Section 1. An Electrical Engineer should endeavor at all times to protect the engineering
profession collectively and individually against misrepresentation, distortion,
misunderstanding or unfair criticism.
Section 2. An Electrical Engineer should give credit for the engineering work to the person
whom the credit is legally due.
Section 3. An Electrical Engineer should live up to the standards of professional practice for
electrical engineering.
Section 4. An Electrical Engineer should not directly or indirectly injure the professional
reputation, prospects, or practice of his fellow engineers. Whenever he finds an Engineer
violating the rules of unethical or unprofessional practices, he should not hesitate to bring the
matter to the proper forum for disciplinary or for other appropriate action.
Section 5. An Electrical Engineer should not compete with another Engineer on the basis of
compensation for particular work by means of underbidding, after the results of a public
bidding are announced.
Article IV
PENAL PROVISIONS
Section 1. Violation of any provision of this Code shall constitute unethical, unprofessional and
dishonorable conduct and the violator shall be subjected to disciplinary action by the Board of
Electrical Engineering.
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EFFECTIVITY
This Code shall take effect upon approval by the Commission and after fifteen (15) days
following its publication in the Official Gazette.
Course Packet 01
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Assignment
NOTE: Full text of this assignment will be communicated to the students via Classroom Google.
Assignment
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Course Packet :
Code : LM02-EELC0323-01
Title : CODE of ETHICS for EE
In what particular portion of this course packet, you feel that you are struggling or lost?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
To further improve this course packet, what part do you think should be enhanced?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
01
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Learning Module 02
Code of Ethics,
Contract and
Obligations
Course Packet 02
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Course Packet 02
Course Packet 02
This packet will present the discussion about contract and obligations.
Objectives
Following are the key learning objectives that this packet is intended to deliver:
Define contract and identify the four elements of a legally enforceable contract; and
Define “breach of contract’ and explain the legal remedies for breach of contract.
Duration
For this packet, a total of six (6) hours is allotted and distributed as follows:
Presentation and discussion of the topic : 5 hours
QUIZ #3 : 1 hour
Delivery Mode
Synchronous or Asynchronous on-line
Readings
This module packet
Any reference material/textbook about contract and obligations
LESSON PROPER
Obligations and contracts are interrelated. Each party to a contract is legally bound to
perform certain duties. These duties are called contract obligations.
CONTRACT
Definition of Contract
A contract is an agreement through meeting of the minds between two persons
whereby one binds himself, with respect to the other, to give something or to render some
service. It have the force of law between the parties and have been complied with in good
faith.
The term force of law in the definition refers to the legal aspect of an agreement as a
contract. This means that you can go to court and ask for a civil action in case of non-compliance
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of the contract. Any agreement without the 'force of law' are not contracts but merely personal
or social agreements.
The term in good faith denotes fairness and honesty of intention in the performance
Course Packet 02
of the contract, so as to not destroy or injure the right of one of the parties. It would not be in
good faith, for instance, when one party has exempted himself from the contract while the other
is still bound to it.
We speak of contracts as being either enforceable (legally binding) or unenforceable.
An enforceable contract creates legal obligations, and the failure to comply with them creates
a breach of contract.
Breach of Contract
When a party fails to live up to its obligations under the contract, he is said to have
breached the agreement or to be in breach of contract. In the case of a breach of contract, the
party that has suffered as a result of the breach may be granted one or more of the following
remedies:
Specific Performance. In some circumstances a court will order a party to perform his
or her promise under the contract. In this case, the court will make an order of what is called
“specific performance,” requiring that the contract be performed. There may be circumstances
in which it would be unjust to permit the defaulting party simply to buy out the injured party
with damages—for example, if an art collector purchased a rare painting and the vendor
refused to deliver, the collector’s damages would be equal to the sum paid, but that wouldn’t
exactly be just, since the contracted stipulated receipt of the painting.
Damages. Damages may be general or consequential. General damages are those
damages that naturally flow from a breach of contract. Consequential damages are those
damages that, although not naturally flowing from a breach, are naturally supposed by both
parties at the time of contract formation. An example would be when someone rents a car to
get to a business meeting, but when that person arrives to pick up the car, it isn’t there. General
damages would be the cost of renting a different car. Consequential damages would be the
business lost if that person were unable to get to the meeting, if both parties knew the reason
the party was renting the car. However, there is still a duty to mitigate the losses. The fact that
the car wasn’t there doesn’t give the party a right not to attempt to rent another car.
Discharge of Duties. There are some instances when, after the breach, both parties are
relieved of their obligations under the contract. Let’s say you enter into a contract to purchase
a house, but the house is destroyed by a tornado before you can complete the purchase. In this
case, the court may decide that since the house is no longer there, the best remedy is to
discharge the contract and relieve both parties of their obligation to perform under the contract.
Since almost every exchange in business creates some form of contract, it is essential that
business owners as well as consumers understand the fundamental principles of contracts and
contract laws.
Characteristics of Contract
The common characteristics of contracts are:
Obligatory - the force of law between the contracting parties compel them to perform
under the threat of civil action or lawsuit.
Autonomy - such stipulations, clauses, terms and conditions are established by the
contracting parties as they may deem convenient, provided they are not contrary to law,
morals, good customs, public order, or public policy.
Mutuality - the bind must involve both of the parties, so that the validity or compliance
of a contract cannot be left to the will of only one of them.
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Relativity - the effectivity is only between the parties, their assigns and heirs, except in case
where the rights and obligations arising from the contract are not transmissible by their nature,
or by stipulation or by provision of law.
Course Packet 02
Consensuality - the mere consent that perfected the contract should bound the parties
to the fulfillment of what has been expressly stipulated, and all the consequences which,
according to their nature, may be in keeping with good faith, usage and law. However, real
contracts, such as deposit, pledge and commodatum (which means “loan for use”, is a
gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain
timeframe, on condition of restoring again the same individual after a certain time) are not
perfected until the delivery of the object of the obligation.
Elements of Contract
A contract has the following essential elements:
Consent - a meeting of the minds between parties with respect to the object and cause;
there is a certain offer by one party and there is an absolute acceptance by another party.
Object - the thing, right, or service to be provided or performed under the contract.
Cause (causa) - the essential purpose or reason for the contract:
For onerous contracts, the promise of a thing or service by the other.
For remuneratory contracts, the service or benefit which is being remunerated.
For contracts of pure beneficence, the mere liberality of the benefactor.
The contract will not be perfected unless the aforementioned elements or requisites
concur.
In addition, a contract also has:
Natural elements - those which are part of the contract even if the parties do not
provide (stipulate) them, and is presumed by law to exists; such as a warranty of hidden defects
or eviction in contract of sale.
Accidental elements - those which are established or stipulated in the contract by the
contracting parties as they may deem convenient; such as stipulations, clauses, terms and
conditions.
Stages of Contract
A contract undergoes three stages:
Preparatory or conception - process of formation through bargaining or negotiation,
which begins from the time the prospective contracting parties manifest their interest in the
contract that leads to the perfection of the contract. Either party may stop the process or
withdraw an offer made.
Perfection or birth - process of arriving at a definite agreement or meeting of the minds
as to the elements of the contract, particularly the essential ones (object and cause).
Consumption or death - the fulfillment of the respective obligations of the parties
under the contract, resulting to its accomplishment and extinguishment.
Form of Contract
The form of a contract is manifested by:
Intent or will - its psychological existence; only conceptual and cannot have
legal value.
Expression of such intent or will - its physical or logical existence; substantial
and can have legal value.
A contract may be in the form of:
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An oral agreement, or those that are partly oral and partly written, which are
oral contract in legal effect.
A single written agreement signed by both parties, wherein all its terms are
Course Packet 02
Reformation of Contract
A contract is reformed to order to amend or correct its form as a written instrument so
that it would conform to the real intention of the parties.
It is important to note that reformation does not change the contract, rather it aims to
establish its real purpose as manifested by the real intention of the parties.
The reformation of instrument requires:
A meeting of the minds of the parties.
A written instrument that does not express the real intention of the parties due to
mistake, fraud, inequitable conduct, or accident; such real intention must always
prevail.
A petition/request for the reformation of the instrument; this is in order for the facts to
be put into legal proceeding.
A clear and convincing proof to support such petition.
Interpretation of Contract
A contract is interpreted in order to determine the meaning of the terms or words used
in its contents and provisions (stipulations) that are ambiguous, not understood, and not
obvious.
The interpretation of contract has the following rules:
There is no need for interpretation if the terms of a contract are clear and leave no doubt
upon the intention of the contracting parties.
The evident intention of the parties shall prevail if there is a conflict between such
intention and the words.
The specific terms shall prevail if there is inconsistency or confusion over the uses of
general terms covering the same subject matter.
The most adequate meaning shall prevail if some provisions have several meanings.
The interpretation of a contract as a whole shall prevail if there are various doubtful
provisions in the entirety.
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The most sensible meaning shall prevail if a word has multiple meanings; this is in
keeping with the nature and object of the contract.
The usage or custom of the place shall prevail if the parties entered into their contract
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Classifications of Contract
According to form:
Informal contract - in any form as long as all the requisites or essential elements for its
validity are present.
Formal contract - in a form required by the law.
According to perfection:
Consensual contract - perfected by mere consent; such as the contract of sale, lease and
agency.
Real contract - perfected by mere consent and the delivery of the object; such as
deposit, pledge and commodatum.
Solemn contract - perfected through compliance with the form required by law;
identical with formal contract.
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Gratuitous contract - the purpose is the mere liberality or the feeling by one party that
the other party (which is the benefactor/giver) has been generous; such as in free, pure
donation.
Course Packet 02
OBLIGATIONS
Definition of Obligation
A contract is one of the sources of obligation. An obligation is the juridical necessity
that results when a contract is completed or perfected. There can be no contract if there is no
obligation, though not all obligations arise from contracts. The obligation that arises from
contracts is called conventional obligation.
Obligation of contracts is the responsibility that parties to contracts are required to bear
upon entering into legally-binding agreements. A contractual obligation can come in different
forms, including the completion of certain tasks, avoidance of certain acts, delivery of products
or services, and the payment of consideration. Parties that fail to fulfill their obligations may
face legal consequences. In certain situations, contractual obligations may be transferred to a
third party.
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If one of the parties fails to fulfill his or her obligations as specified in the contract, it is
considered a breach of contract. A contract breach may lead to an award of damages as
reimbursement for the innocent party's financial losses. Contractual obligations usually
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depend on a contract's subject matter. The obligations in a sales contract may be very different
from those found in a rental agreement or other kinds of contract.
Payment
In a sales contract, one party, which is the buyer, is usually legally obligated to make a
certain amount of payment in exchange for a certain amount of goods or services. The contract
may include obligations in regard to the payment amount and payment deadline.
Delivery
Usually, the seller in a sales contract is obligated to deliver the promised goods and
services. The delivery date and method and other terms may be specified in the contract.
Quality of Goods
A contract may also contain terms that obligate the seller to provide products or
services of a certain quality. This type of obligation may vary depending on the contract's
specific details.
General Obligations
Besides specific obligations, each contracting party is required to comply with the
general principles of contract formation. For example, parties to a contract are obligated to deal
truthfully and fairly with one another and refrain from coercion or forcing the other party to
establish the agreement.
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Assessment
NOTE: Full text of this assessment will be communicated to the students via Classroom Google.
Assessment
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Program : __________________________________________________________
Year Level : ______________ Section : __________________
Faculty : __________________________________________________________
Schedule : __________________________________________________________
Course Packet :
Code : LM02-EELC0323-02
Title : CONTRACT and OBLIGATIONS
In what particular portion of this course packet, you feel that you are struggling or lost?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
To further improve this course packet, what part do you think should be enhanced?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
02
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Learning Module 02
Code of Ethics,
Contract and
Obligations
Course Packet 03
Case Study
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Course Packet 03
Course Packet 03
Case Study
Introduction
This third and last packet will present discussion of case studies that are related to EE laws,
contract, and/or ethics. At the conclusion of discussion, each student shall be required to orally
present a case study and submit written report for the same.
Objectives
Following are the key learning objectives that this packet is intended to deliver:
Students would be able to examine, interpret, and present a case study related to the
practice of electrical engineering
Duration
For this packet, a total of nine (9) hours is allotted and distributed as follows:
Presentation and discussion of Case Study : 2 hours
Case Study reporting : 7 hours
Delivery Mode
Synchronous or asynchronous on-line
Readings
This module packet
Any reference material/textbook about case study
LESSON PROPER
Case study is a learning technique in which the student is faced a particular problem,
the case. The case study facilitates the exploration of a real issue within a defined context, using
a variety of data sources. In general terms, the case study analyzes a defined problem consisting
in a real situation and uses real information as methodological tool. For electrical engineering
students, the analysis of a case study gives them a global and holistic vision of a real problem
at an engineering field, allowing to develop and apply their knowledge on unit operations and
transport phenomena, being these the base education for an electrical engineer. Furthermore,
this methodology allows students to develop and to enhance different skills, such as the
capacity of comprehension and analysis of real problems the capacity to propose and evaluate
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alternatives for the improvement of the problem considered, to work collaboratively, also their
capacity of information management and synthesis of problems.
Course Packet 03
TITLE PAGE
The title page presents routine information and hints at the report's content through
an informative title. Design your title page to be simple yet functional and appropriate for your
audience. Common elements to include on the title page include:
Your Institution's name
Title of the report
Author/s (include student number if appropriate)
Name of person or group to whom you submit the report
Course name (or department/group or committee name)
Date of submission
Executive summary
An executive summary should include an overview of the whole report and is longer
than an abstract for a professional journal. It can be from one to a couple of pages, but try to
condensed it in one page, if possible. Headings can be used but there is no need to number
these. In your own words present clearly and briefly:
the topic area of the report
the report's primary aim/s
state what was achieved (key finding)
a summary of your approach
significant findings
a summary of the report's recommendations
CONTENTS PAGE
Readers can use this to get a sense of how the report is structured and can skim the
contents page for relevant sections to read. Include heading, subheading and page numbers.
Usually in large reports a decimal numbering system for headings and subheadings are used.
If it is a large report with many tables and figures in the body, a list of figures and a list of
terminology or symbols can be included after the contents page.
INTRODUCTION
The introduction is very important as it sets the context for the report. Summarize the
brief (your task), briefly outline the case and focus on its significance for the reader, state the
report's aim(s) and describe how the report is organized. Readers use the introduction to locate
the aim of your report and to decide which sections of the report they need to read. While you
may include the key problem you have identified and its significance, it is not usual to detail
findings or recommendations in the introduction.
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It is difficult to give a single precise description of how a case study report should be
organized as many models and variations exist. Organization will depend on the type of report
(eg; design, management), the type of case study investigation (eg; historical, problem
Course Packet 03
orientated), and even the discipline or field you are writing in. Ultimately, the writer decides
how best to organize and explain the case, the methodology and the recommendations. The
following descriptions are examples only and are drawn from the field of risk management:
Historical case study
The body sections of a historical case study may be organized as follows:
Context — Describe the case or situation being investigated. Focus on the facts of the situation.
Approach - Use topic based headings and a chronological sequence to give a summary and
discussion of contributing factors (usually focusing on a specific time period in the past) that
lead to and resulted from the situation described in the case study. Refer to theories, relevant
publications or prior cases to explain and justify your interpretations of the situation. Problems
and solutions and previous recommendations that were made are highlighted and briefly
commented upon (eg; which problems were eventually solved and how they were solved, or
which problems continued and why they remained unsolved).
Conclusion- Try to answer the following questions: What else has been achieved since the
situation occurred? Have all recommendations been implemented? What may happen in the
future?
Problem-orientated case study
A problem orientated case study's body sections may be organized as follows:
Headings should be informative and descriptive providing a clue to the contents of the section.
Describe the context of the case. Present the central issue you will be analyzing, what decisions
have already been made, what communication processes are occurring in the situation. Focus
on the facts.
Explain your methodology. Identify problems that are demonstrated in the case (use visuals if
appropriate) and also explain and justify your choice of analysis tools (eg SWOT, PEST, Force
Field…),
Present summaries of your findings (put details in the appendices) and indicate how you
decide what is acceptable/not acceptable as a solution.
Present an action plan for the recommendations. Recommendations in a case study report
should be fairly detailed. Include an action plan that details who should take action, when and
how (eg; specifications, steps to follow), and how to assess the action taken. For example, in a
case study report you may decide the likelihood of 3 scenarios pose the greatest risks for your
company but each poses a risk in unique ways. For each scenario clearly state who is
responsible, what action they should take and how they can assess the recommendation.
CONCLUSIONS
Every report should include a concluding statement/s on the subject of the report.
Restate the aim of the report and state how you have achieved it. Present the main findings and
key recommendations in a summarized form for the reader's benefit. You should also restate
the limitations of the report.
APPENDICES
Appendices provide additional or supporting information that while not essential to
understanding the main facts and recommendations, may be of interest to the expert reader
and are evidence of your research and analysis. Appendices can be tables of raw data, detailed
calculations, design drawings, maps, copies of a questionnaire or survey etc. Appendices are
normally listed as Appendix A, Appendix B, Appendix C, and so forth. Give each appendix a
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clear informative title. Appendices and reference lists are supplementary sections of a report.
REFERENCE LIST
Course Packet 03
This is a list of all the sources of information you have referred to in the report. Many
schools in engineering recommend the author date system. See Referencing for more
information on reference styles. We recommend you check with your course facilitators on
their preferences.
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Assignment
NOTE: The student shall be required to prepare a case study for oral presentation and written
Assignment
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Program : __________________________________________________________
Year Level : ______________ Section : __________________
Faculty : __________________________________________________________
Schedule : __________________________________________________________
Course Packet :
Code : LM02-EELC0323-03
Title : CASE STUDY
In what particular portion of this course packet, you feel that you are struggling or lost?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
To further improve this course packet, what part do you think should be enhanced?
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________________________
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