The claimant, Dunlop, manufactured tyres and distributed them to retailers for resale. Share. iCur: Penalty or LD? Cases; Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1915] AC 847 . Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd — Court House of Lords Citation(s) [1914] UKHL 1, [1915] AC 79 … Wikipedia. Dunlop Pneumatic Tyre Co v New Garage Motor Co . Dunlop had agreed to supply tyres to New Garage Motor provided that the garage agreed not to sell those tyres at prices below those contained in Dunlop?s catalogue. The decision in Cavendish v Makdessi considers the long established principles in Dunlop v New Garage and recasts them.. 1 page) Ask a question Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 Toggle Table of Contents Table of Contents. Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79. Ctrl + Alt + T to open/close. Dunlop had agreed to supply tyres to New Garage Motor provided that the garage agreed not to sell those tyres at prices below those contained in Dunlop’s catalogue. Listen to the audio pronunciation of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd on pronouncekiwi. House of Lords The facts are stated in the judgement of Lord Dunedin. Abrahams v. Performing Rights Society [1995] 1 CR 1028. The agreement then said if that did happen, New Garage would pay £5 per tyre ‘by way of liquidated damages and not as a penalty’. Dunlop Pneumatic Tyre Co v New Garage and Motor Co [1915] Where a fair sum is agreed for the payment of liquidated damages after several different breaches of a contract, that sum will not be classed as penal. Contract law Consumer law Cases Legislation News Reports Reading Room Links. The plaintiff sold tyres to Dew & Co (a tyre dealer) which then sold to Selfridge on condition that Selfridge would not sell below the list price. The Court must find out whether the payment stipulated is in truth a penalty or liquidated damages. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 (1 July 1914) is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract. White and Carter (Councils) Ltd v McGregor, Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd, Lord Elphinstone v Monkland Iron and Coal Co, Unfair Terms in Consumer Contracts Regulations 1999, https://en.wikipedia.org/w/index.php?title=Dunlop_Pneumatic_Tyre_Co_Ltd_v_New_Garage_%26_Motor_Co_Ltd&oldid=935400882, Creative Commons Attribution-ShareAlike License, This page was last edited on 12 January 2020, at 09:42. The plaintiff (Dunlop) sought to establish and enforce a resale price maintenance (RPM) scheme. This item appears on. Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79. v. New Garage and Motor Company. ON 1 JULY 1914, the House of Lords delivered Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79; [1914] UKHL 1 (1 July 1914). LORD DUNEDIN. Dunlop Pneumatic Tyre Company v New Garage & Motor co [1915] AC 79 House of Lords. [1915] AC 79 Dunlop had agreed to supply tyres to New Garage Motor provided that the garage agreed not to sell those tyres at prices below those contained in Dunlop’s catalogue. Hi Looking for a quick … Contract law – Construction of contract – Consideration. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, now overturned in the UK. Dunlop Pneumatic Tyre Co. v. New Garage and Motor Co. United Kingdom House of Lords (1 Jul, 1914) 1 Jul, 1914; Subsequent References; Similar Judgments; Dunlop Pneumatic Tyre Co. v. New Garage and Motor Co. 52 SLR 861 [1914] UKHL 861. 14th Jun 2019 Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Title: Microsoft Word - Dunlop v New Garage CASEWATCH.doc Author: dhand Created Date: 8/15/2005 17:24:9 LORD DUNEDIN. Cited – Cleeve Link Ltd v Bryla EAT 8-Oct-2013 (, [2013] UKEAT 0440 – 12 – 0810) EAT Unlawful Deduction From Wages – The principles enunciated in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 1979 and re-stated in Lordsvale Finance PLC v Bank of Zambia [1996] QB 752, . … Ctrl … It held that only if a sum is of an unconscionable amount will it be considered penal and unenforceable. University of Strathclyde. Registered Data Controller No: Z1821391. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 (1 July 1914) is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract. A recent decision from the Inner House, Hill and Anor v Stewart Milne Group and Gladedale (Northern) Ltd [2011] CSIH 50 sheds light on liquidated damages clauses and when they may amount to unenforceable penalties. This video is made by the students of Christ University, Bangalore. Overview Misleading conduct Consumer Guarantees Unfair Terms Unconscionable conduct Manufacturer's liability. Such are: Turning now to the facts of the case, it is evident that the damage apprehended by the appellants owing to the breaking of the agreement was an indirect and not a direct damage. (Illustration given by Lord Halsbury in, It will be held to be a penalty if the breach consists only in not paying a sum of money, and the sum stipulated is a sum greater than the sum which ought to have been paid (. It should not be confused with Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, a separate decision of the House of … Though the parties to a contract who use the words “penalty” or “liquidated damages” may prima facie be supposed to mean what they say, yet the expression used is not conclusive. Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1915] AC 847 . The contract between Dunlop and New Garage contained a clause preventing New garage from selling the tyres below list price. In the event that they were in breach the contract specified that 5/. The judge held the £5 sum was liquidated damages and enforceable. Appeal allowed – Court of Appeal decision was set aside; the clause was not a penalty clause but rather a limited damages clause; thus enforceable. LORD DUNEDIN. The House of Lords held the clause was not a penalty, and merely a genuine preestimate of Dunlop’s potential loss, and so Dunlop could enforce the agreement. BREACH OF CONTRACT – LIQUIDATE DAMAGES … There is a presumption (but no more) that it is penalty when “a single lump sum is made payable by way of compensation, on the occurrence of one or more or all of several events, some of which may occasion serious and others but trifling damage” (Lord Watson in Lord Elphinstone v. Monkland Iron and Coal Co). Reference this Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. 7. It established that an agreement for resale price maintenance was unenforceable as a matter of privity of contract. in the case of Dunlop Pneumatic Tyre Co. Ltd v. New Garage & Motor Co. Ltd (Dunlop’s case).2 In that case, the basic principle was laid down that where parties to a contract agree a stipulated sum as damages in the event of breach, the courts would only uphold such amount if … It held that only if a sum is of an unconscionable amount will it be considered penal and unenforceable. Judgment – Dunlop Pneumatic Tyre Company v New Garage and Motor Company [1915] AC 79 on BAILLI. P - in terrorem, LD - genuine pre-estimate 3. contract will be construed as at the time of formation, not breach, weighing in the fwg: a) sum is extravagant or unconscionable as compared with … Dunlop Pneumatic Tyre Co Ltd (‘Dunlop’) entered into a contract to sell tyres and other accessories to New Garage Motor Co Ltd (‘New’) on terms design to ensure that the tyres were not sold below the manufacturers listed price. However, the Court of Appeal reversed this and held that the clause was simply a penalty clause. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. For a free PDF of this Casewatch, please click the link below: Download × 14th Jun 2019 Case Summary Reference this In-house law team ... Dunlop Pneumatic Tyre Company v New Garage & Motor co [1915] AC 79. Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30 Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Dunlop, a tyre manufacturing company, made a contract with Dew, a trade purchaser, for tyres at a discounted price on condition that they would not resell the tyres at less than the listed price and that any reseller who wanted to buy them from Dew had to agree not to sell at the lower price either. Dunlop made tyres. Dunlop Pneumatic Tyre Co. v. New Garage and Motor Co. (Before ( On Appeal From The Court Of Appeal In England.) Posts: 8,660 Adverts | Friends. Facts. The case was tried and the breach in fact held proved. . For a century since Dunlop Pneumatic Tyre Co. Ltd v New Garage and Motor Co. Ltd [1915] A.C.79 it has been widely understood that such clauses are unenforceable if they specify The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, as … Indirectly it did. The Supreme Court has, for the first time in 100 years, comprehensively reviewed the law surrounding penalty clauses. It is meant only for educational purpose. Company Registration No: 4964706. University. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 Practical Law Case Page D-000-5173 (Approx. Thank you for helping build the largest language community on the internet. Dunlop Pneumatic Tyre Co Ltd V New Garage. VAT Registration No: 842417633. Dunlop Pneumatic Tyre Company, Limited v. New Garage and Motor Company, Limited. … This area of law had not been reviewed in the Supreme Court for over a century, with Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co … Looking for a flexible role? Corporations Act 2001 July 1. Selfridge proceeded to sell the tires belo… To assist this task of construction various tests have been suggested, which if applicable to the case under consideration may prove helpful, or even conclusive. Q2b.The law states that in Dunlop Pneumatic Tyre Co v New Garage, the court states some guidelines whether a clause is … In Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd ("Dunlop"), the UK House of Lords confirmed that a penalty (as opposed to liquidated damages which are a genuine pre-estimate of loss), is essentially a sum of money so extravagant or unconscionable in comparison with the greatest loss that could possibly result from the breach of contract 1. Dunlop Pneumatic Tyre Co. Limited v. New Garage and Motor Co. Limited2, identifying principles derived from earlier cases to determine whether a clause in a contract constituted a liquidated damages provision or amounted to a penalty and was therefore unenforceable. Please sign in or register to post comments. Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd. View 5.docx from BUSINESS BM0742 at Nanyang Polytechnic. The essence of a penalty is a payment of money stipulated as in terrorem of the offending party; the essence of liquidated damages is a genuine covenanted pre-estimate of damage (, The question whether a sum stipulated is penalty or liquidated damages is a question of construction to be decided upon the terms and inherent circumstances of each particular contract, judged of as at the time of the making of the contract, not as at the time of the breach (. Lord Dunedin laid out the differences between a penalty clause and a limited damages clause: To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Type Proceedings Author(s) House of Lords Date 1915 Issue AC 79. The Claimant (C) manufactured and supplied goods to the Respondents (R) who were dealers and under an agreement C prohibited R from selling than their list price sold an item under the list price, hence C bought a claim in the breach of contract and wanted R to pay a sum of 5l. ( On Appeal From The Court Of Appeal In England.) Dunlop Pneumatic Tyre Co v New Garage and Motor Co [1915] Where a fair sum is agreed for the payment of liquidated damages after several different breaches of a contract, that sum will not be classed as penal. So long as they got their price from the respondents for each article sold, it could not matter to them directly what the respondents did with it. Dunlop Pneumatic Tyre Co v New Garage & Motor Co D entered contract for the supply of tyres to N. Clause in contract said N would pay D 5 pounds (shitloads back then) for every tire sold in breach of the terms in the agreement (liquidated damage clause) Case Information. Case law references were in no way essential for high-scoring responses, but were awarded some marks where they were used. A penalty is a stipulated payment of money meant to frighten or deter a party from breaching a term. The court at First Instance held in favour of C on the basis that their clause was in fact a damages clause. Browne Jacobson LLP | Procurement & Outsourcing Journal | March/April 2016 #29. This was held to be reasonable and was enforced by the courts. The entire wiki with photo and video galleries for each article You must be logged in to post a comment. In Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd (1915) A.C. 79 (Dunlop) Lord Dunedin held at p86: The essence of a penalty is a payment of money stipulated as in terrorem of the offending party; the essence of liquidated damages is a genuine covenanted This information is only available to paying isurv subscribers. Sign in to disable ALL ads. In the matter of Pioneer Energy Holdings Pty Ltd [2013] NSWSC 1134. Leave a Reply Cancel reply. This video is made by the students of Christ University, Bangalore. Comments. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 Contracting: Limiting the damage. In deciding whether a clause is penal, ask if a clause: Dunlop Pneumatic Tyre Company Limited v. New Garage and Motor Company Limited [1915] AC 79. 1 page) Ask a question Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 Toggle Table of Contents Table of Contents. (3) thanks from: Manach, MarkAnthony, robman60. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 (1 July 1914) is an English contract law case, concerning the extent to which damages may be sought for failure to perform of a contract when a sum is fixed in a contract. Dew sold the tyres to Selfridge at the listed price and made Selfridge agree not to sell at a lower price either and that they would pay £5 in damages if they violated this agreement. Contract law. History • Holme v Guppy 1838 – Holme And Another -v- Guppy And Another [1838] EngR 133; (1838) 3 M & W 387; (1838) 150 ER 1195 • Dunlop v New Garage 1915 – Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] UKHL 1 – ‘The essence of a penalty is a payment of money stipulated as “in terrorem” of the offending party: the essence of liquidated damages is a genuine … Dunlop Pneumatic Tyre v New Garage. His four principles were as follows (emphasis added): 1. it will be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach; 2. it will be hel… DUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE MOTOR CO LTD. FACTS. Shindler v. Northern Raincoat Company Limited [1960] 2 ALL ER 239. Dunlop, a tyre manufacturing company, made a contract with Dew, a trade purchaser, for tyres at a discounted price on condition that they would not resell the tyres at less than the listed price and that any reseller who wanted to buy them from Dew had to agree not to sell at the lower price either. This doctrine may be said to be found passim in nearly every case. Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd. Add to My Bookmarks Export citation. Join Date: Nov 2010. View all articles and reports associated with Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 Registered User . This post has been deleted. But candidates could also answer from the perspective of their own legal jurisdiction: in some of these, penalty clauses may be enforceable. The entire wiki with photo and video galleries for each article Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd Date [1915] Citation AC 79 Keywords Breach of conditions Summary. My Lords, the appellants, through an agent, entered into a contract with the respondents under which they supplied them with their goods, which consisted mainly of motor-tyre covers and tubes. A liquidated sum is a genuine estimate of the losses from a… In-house law team. To assist this task of construction various tests have been suggested, which if applicable to the case under consideration may prove helpful, or even conclusive. It should not be confused with Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd,[1] which held that the same resale price maintenance practice was unenforceable against a third party reseller as a matter of the English rule of privity of contract. Geschichte. English Law Of Contract And Restitution (M9355) Academic year. The Court of Appeal held the clause was a penalty and Dunlop could only get nominal damages. Yetton v. Eastwoods Froy Limited [1966] 3 ALL ER 353. Consumer law. Free resources to assist you with your legal studies! It is meant only for educational purpose. ParkingEye Ltd v Beavis [2015] EWCA Civ 402 The law on clauses which specify a remedy or payment for breach of contract is being reviewed by the courts. Title: Microsoft Word - Dunlop v New Garage CASEWATCH.doc Author: dhand Created Date: 8/15/2005 17:24:9 Overview Formation Scope and content Avoidance Peformance and Termination Remedies. Dunlop appealed. Dunlop v New Garage Case Summary. Finally, the agreement concluded (clause 5), "We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, as and by way of liquidated damages and not as a penalty." July 1, 1914 [...] 85. Accordingly, the agreement is headed "Price Maintenance Agreement," and the way in which the appellants would be damaged if prices were cut is clearly explained in evidence by Mr. Baisley, and no successful attempt is made to controvert that evidence. Prior to this decision, the test was largely taken from Lord Dunedin’s judgement in the case of Dunlop Tyres2 . In Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd, the courts stated the rules in a coherent way. Dunedin 3-4 test 1. words not conclusive; 2. in cases such as Dunlop Pneumatic Tyre Co Ltd. vs. New Garage and Motor Co Ltd (1915). Overview. Lord Dunedin stated four principles which he thought “may prove helpful, or even conclusive”3when considering penalty clauses. Do you have a 2:1 degree or higher? *You can also browse our support articles here >. On the contrary, that is just the situation when it is probable that pre-estimated damage was the true bargain between the parties (Clydebank Case, Lord Halsbury ; Webster v. Bosanquet Lord Mersey). Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd. HOUSE OF LORDS . R argued that the clause that C had relied upon was penalty clause and therefore could not be enforced. Subject_Contract — Breach — Measure of Damages — Liquidated Damages or Penalty. 8. 5. Related documents. 6. 2017/2018. LegalBeagles Forum – Court Claims and Issues. Case Summary The appellants, having discovered that the respondents had sold covers and tubes at under the current list price, raised action and demanded damages. Dunlop sued its tyre retailer, New Garage, for breaching an agreement to not resell Dunlop tyres at a price lower than that listed in the contract. Dunlop Pneumatic Tyre Company. July 1. BREACH OF CONTRACT – LIQUIDATE DAMAGES – MEASURE OF DAMAGES – SALE OF GOODS. Legislation. Module. It was stipulated that breach of this condition would render the garage liable to pay £5 for each tyre sold ?as and by way of liquidated damages, and not as a penalty?. Paciocco v Australia and New Zealand Banking Group Limited [2014] FCA 35. Links to this case ; Content referring to this case; Links to this case. The facts of the case are that Dunlop believed that New Garage had breached an agreement not to resell their tyres at a lower price … Was the sum of 5l, a penalty or liquidated damages? In deciding whether a clause is penal, ask if a clause: Requires an extravagant and unconscionable payment in comparison with the maximum loss which could conceivably be proved; … Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd United Kingdom House of Lords (1 Jul, 1914) It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. It is just, therefore, one of those cases where it seems quite reasonable for parties to contract that they should estimate that damage at a certain figure, and provided that figure is not extravagant there would seem no reason to suspect that it is not truly a bargain to assess damages, but rather a penalty to be held in terrorem. DUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE MOTOR CO LTD FACTS Dunlop Pneumatic Tyre Co Ltd (‘Dunlop’) entered into a contract to sell tyres and other accessories to New Garage Motor Co Ltd (‘New’) on terms design to ensure that the tyres were not sold below the manufacturers listed price. The appellants contracted through an agent to supply tyres. July 1. But though damage as a whole from such a practice would be certain, yet damage from any one sale would be impossible to forecast. Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd UKHL 1, AC 847 is an English contract law case, with relevance for UK competition law decided in the House of Lords. Subject_ Contract — Breach — Measure of Damages — Liquidated Damages or Penalty. 0 0. Advertisement 04-11-2015, 22:33 #2: Marcusm . Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914. 710 words (3 pages) Case Summary. The House took time for consideration. Such are: It will be held to be penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach. would be payable for each tyre sold below … Die Ursprünge der Marke Dunlop gehen zurück auf den schottischen Reifenpionier John Boyd Dunlop, der 1888 das erste Patent für den Fahrradluftreifen anmeldete.Nach der Gründung des ersten Dunlop-Werks 1889 in Irland wurde vier Jahre später 1893 im hessischen Hanau die erste Auslandsniederlassung unter dem Namen „The Dunlop Pneumatic Tire Co. GmbH“ gegründet. It held that only if a sum is of an unconscionable amount will it be considered penal and unenforceable. CITATION CODES. Helpful? Received a defence with wrong name on it - Small claims October 1, 2020. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd. Mobil Oil Zambia Limited v Patel (1988-1989) Z.R 12. Dunlop Pneumatic Tyre Co Ltd v Selfridge Ltd [1915] AC 847. The case of Dunlop Pneumatic Tyre Co. Ltd. v New Garage and Motor Co. Ltd. [1914] created a precedent for the extent to which liquidated damages may be sought for failure to perform a contract . Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 Practical Law Case Page D-000-5173 (Approx. [New search] [Buy ICLR report: [1915] AC 79] [Help] JISCBAILII_CASE_CONTRACT BAILII Citation Number: [1914] UKHL 1 HOUSE OF LORDS Date: 01 July 1914 Between: DUNLOP PNEUMATIC TYRE COMPANY, LIMITED APPELLANTS ­ v ­ NEW GARAGE AND MOTOR COMPANY, LIMITED RESPONDENTS The House took time for consideration. Dunlop was a tire manufacturer who agreed with their dealer to not sell the tires below a recommended retail price (RRP). Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The House took time for consideration. Preview. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. Nisshin Shipping Co Ltd v Cleaves & Co Ltd — Court High Court Citation(s) [2003] EWHC 2602 (Comm) Keywords Privity, CRTPA 1999 Nisshin Shipping Co Ltd … Wikipedia. Liquidated sum clauses are valid and enforceable under contract law; penalty clauses are not. Dunlop made tyres. They also set up some tests (point 4): The parties' choice of titling the clause a 'liquidated sum' or 'penalty' has no effect. Lord Dunedin set out the following principles. Dunlop Pneumatic Tyre Co. v New garage & Motor Co. Ltd. (1915) The plaintiffs agreed with the defendants that the defendants would pay £5 as liquidated damages for every tyre sold in breach of the agreement. LEGAL REASONING OF THE COURT Dunlop Pneumatic Tyre Company v. 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