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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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Clerk & Lindsell On Torts 22nd ed

Edited by: Michael A. Jones, Anthony M Dugdale, Mark Simpson

ISBN13: 9780414064669
Previous Edition ISBN: 9780414052802
To be Published: December 2017
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £425.00




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Clerk & Lindsell on Torts, part of the Common Law Library series, is one of our flagship titles. It is the definitive work and market leader in this area of law; it offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law. An essential reference tool, Clerk & Lindsell is widely referred to by practitioners and cited the judiciary.

The new edition brings the work completely up-to-date with the changes in the law since the last edition in 2014, including those arising from the Defamation Act 2013 and the developments in all of the key case law, including relevant decisions from the Supreme Court and Court of Appeal.

Supreme Court decisions included in the 22nd edition:

  • In Montgomery v Lanarkshire Health Board the Supreme Court held that the Bolam test should no longer apply to the duty owed by a doctor to disclose information about the risks of proposed medical treatment and its alternatives, adopting in its place the “prudent patient” test.
  • Michael v Chief Constable of South Wales dealt with whether the police owe a duty of care to victims of violence when they are aware of immediate and credible threats to the victim but fail to act on that knowledge (and the difference in this context between a tort action and a claim under art.2 ECHR).
  • In International Energy Group Ltd v Zurich Insurance Plc UK it was held that the common law rule for apportioning liability based on a defendant’s contribution to the risk of developing mesothelioma established by the House of Lords in Barker v Corus is still good law, and that its previous decision in Durham v BAI (Run Off) Ltd had not had the effect of reversing Barker.
  • In Hayward v Zurich Insurance Co Plc the Supreme Court dealt with the test for causation in an action for deceit, holding that it was not necessary, as a matter of law, to prove that the representee believed that the representation was true; rather it was only necessary for the claimant to have been influenced by the misrepresentation.
  • In Rhodes v OPO it was held that the intention required as part of the mental element for the tort of intentional infringement of the right to personal safety established in Wilkinson v Downton cannot be imputed as a matter of law, though it may be inferred as a question of fact.
  • Mohamud v Wm Morrison Supermarkets Ltd dealt with the meaning of the “close connection” test for vicarious liability where the employee commits an assault, and Cox v Ministry of Justice addressed the question of what types of relationship are sufficiently akin to an employment contract for vicarious liability to apply.
  • In Patel v Mirza the Supreme Court laid down, by a bare majority, the correct basis on which to approach the defence of ex turpi causa settling, at least for now, the judicial difference of opinion evident in the earlier cases of Hounga v Allen, Jetivia SA v Bilta (UK) Ltd, and Les Laboratoires Servier v Apotex Inc.
  • In Kennedy v Cordia (Services) LLP the Supreme Court held that employers have a duty to conduct risk assessments as part of their common law duty of care owed to employees, a ruling that could have important consequences for claims by employees in respect of injuries sustained at work.
  • In Campbell v Peter Gordon Joiners Ltd it was held that a failure by an employer to take out insurance against liability to an employee, in breach of the Employers’ Liability (Compulsory Insurance) Act 1969, does not give rise to an action for breach of statutory duty against the directors of the insolvent employer, thus leaving an injured employee with no effective remedy.
  • In Willers v Joyce the Supreme Court reached the, perhaps, surprising conclusion that the tort of malicious prosecution extends to the malicious prosecution of civil actions, thus giving new life to the action of malicious prosecution.
  • PJS v News Group Newspapers Ltd is an important decision on privacy injunctions, confirming that art.8 ECHR claims protect not only secrecy and information but also unjustified intrusion.
  • Starbucks (HK) Ltd v British Sky Broadcasting Group Plc dealt with the question of what level of goodwill a foreign company must have in the UK in order to bring a claim in the tort of passing off.
  • In Knauer v Ministry of Justice the Supreme Court overruled Cookson v Knowles and Graham v Dodds on the date from which the multiplier should run when assessing damages under the Fatal Accidents Act.
  • In BPE Solicitors v Hughes-Holland the Supreme Court gave guidance on the important distinction between a professional person providing advice to a client and merely providing information, a distinction which has ramifications for the correct assessment of a client’s loss.
  • Coventry v Lawrence (No.2) on the liability of landlords for a noise nuisance caused by their tenants. Fish & Fish Ltd v Sea Shepherd UK on the requirements for liability as a joint tortfeasor as an accessory to the commission of a tort.
  • Jackson v Murray where the principles to be applied to apportionment in cases of contributory negligence, and the circumstances in which an appellate court can overturn such an assessment, were reviewed
  • Manchester Ship Canal Co Ltd v United Utilities Water plc holding that the Water Industry Act 1991 carries an implied right on the part of a sewerage undertaker to discharge surface water and certain treated effluents into private watercourses where the duties imposed under the Act could not be performed without continuing to discharge from existing outfalls
  • Magmatic Ltd v PMS International Ltd on the scope of protection afforded by registered designs
  • Re JR38’s Application for Judicial Review on the requirement for a reasonable expectation of privacy when considering whether a minor’s art.8 ECHR rights have been breached by publishing a photograph
  • In Williams v The Bermuda Hospitals Board (Bermuda) the judicial committee of the Privy Council considered the material contribution to damage test of causation in a clinical negligence action.

Series: Common Law Library

Chitty on Contracts 33rd ed: Volume 1 General Principles (eBook) ISBN 9780414065178
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Chitty on Contracts 33rd ed: Volumes 1 & 2 (eBook) ISBN 9780414065185
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Chitty on Contracts 33rd ed: Volume 1 General Principles ISBN 9780414065116
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Chitty on Contracts 33rd ed: Volumes 1 & 2 ISBN 9780414065130
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Chitty on Contracts 33rd ed: Volume 1 General Principles (Book & eBook Pack) ISBN 9780414065192
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Charlesworth & Percy on Negligence 14th ed ISBN 9780414067141
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Phipson on Evidence 19th ed ISBN 9780414065529
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Phipson on Evidence 19th ed (Book & eBook Pack) ISBN 9780414065543
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Gatley on Libel and Slander 12th ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414066496
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Clerk & Lindsell On Torts 22nd ed (eBook) ISBN 9780414064676
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Jackson & Powell on Professional Liability 8th editon: 1st Supplement ISBN 9780414064904
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Clerk & Lindsell On Torts 22nd ed (Book & eBook Pack) ISBN 9780414064683
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Jackson & Powell on Professional Liability 8th ed with 1st Supplement ISBN 9780414064911
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Phipson on Evidence 19th ed (eBook) ISBN 9780414065536
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Gatley on Libel and Slander 12th ed: 2nd Supplement ISBN 9780414066472
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Gatley on Libel and Slander 12th ed: 2nd Supplement (eBook) ISBN 9780414066489
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Bowstead & Reynolds On Agency 21st ed (Book & eBook Pack)
Edited by: Peter G. Watts
ISBN 9780414062092
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Bowstead & Reynolds On Agency 21st ed (eBook)
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ISBN 9780414062085
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Bowstead & Reynolds On Agency 21st ed
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ISBN 9780414062078
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Chitty on Contracts 32nd ed: Volumes 1 & 2 with 2nd Supplement (eBook) ISBN 9780414064867
Published November 2017
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Chitty on Contracts 32nd ed: Volumes 1 & 2 with 2nd Supplement ISBN 9780414050716
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Chitty on Contracts 32nd ed: Volume 1 General Principles with 2nd Supplement (eBook) ISBN 9780414064850
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Chitty on Contracts 32nd ed: Volume 1 General Principles with 2nd Supplement ISBN 9780414050709
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Chitty on Contracts 32nd ed: Volumes 1 & 2 with 2nd Supplement (Book & eBook Pack) ISBN 9780414064843
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Benjamin's Sale of Goods 10th ed ISBN 9780414063969
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Benjamin's Sale of Goods 10th ed (Book & eBook Pack) ISBN 9780414063983
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Chitty on Contracts 32nd ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414064829
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Chitty on Contracts 32nd ed: 2nd Supplement (eBook) ISBN 9780414064812
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Benjamin's Sale of Goods 10th ed (eBook) ISBN 9780414063976
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Chitty on Contracts 32nd ed: 2nd Supplement ISBN 9780414064805
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Arlidge, Eady & Smith on Contempt 5th ed ISBN 9780414063808
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Phipson on Evidence 18th ed with 2nd Supplement ISBN 9780414052741
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Phipson on Evidence 18th ed with 2nd Supplement (eBook) ISBN 9780414059719
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Phipson on Evidence 18th ed: 2nd Supplement ISBN 9780414059306
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Phipson on Evidence 18th ed: 2nd Supplement (eBook) ISBN 9780414059689
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Phipson on Evidence 18th ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414059702
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Phipson on Evidence 18th ed with 2nd Supplement (Book & eBook Pack) ISBN 9780414059696
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Jackson & Powell on Professional Liability 8th ed (eBook) ISBN 9780414061606
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Jackson & Powell on Professional Liability 8th ed ISBN 9780414057524
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Goff & Jones: The Law of Unjust Enrichment 9th ed ISBN 9780414055230
Published November 2016
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Chitty on Contracts 32nd ed: 1st Supplement (eBook) ISBN 9780414059238
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Chitty on Contracts 32nd ed: 1st Supplement (Book & eBook Pack) ISBN 9780414059245
Published November 2016
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Chitty on Contracts 32nd ed: 1st Supplement ISBN 9780414057067
Published November 2016
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McGregor on Damages 19th ed: 2nd Supplement (eBook) ISBN 9780414061293
Published October 2016
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McGregor on Damages 19th ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414061309
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McGregor on Damages 19th ed: 2nd Supplement ISBN 9780414061002
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McGregor on Damages 19th ed with 2nd Supplement (eBook) ISBN 9780414061316
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McGregor on Damages 19th ed with 2nd Supplement (Book & eBook Pack) ISBN 9780414061323
Published October 2016
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McGregor on Damages 19th ed with 2nd Supplement ISBN 9780414053335
Published October 2016
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Clerk & Lindsell On Torts 21st ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414060005
Published September 2016
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Benjamin's Sale of Goods 9th ed: 2nd Supplement
Edited by: Michael Bridge
ISBN 9780414056589
Published September 2016
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Benjamin's Sale of Goods 9th ed: 2nd Supplement (Book & eBook Pack)
Edited by: Michael Bridge
ISBN 9780414059191
Published September 2016
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Clerk & Lindsell On Torts 21st ed with 2nd Supplement (eBook) ISBN 9780414059986
Published September 2016
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Clerk & Lindsell On Torts 21st ed: 2nd Supplement ISBN 9780414059221
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Clerk & Lindsell On Torts 21st ed: 2nd Supplement (eBook) ISBN 9780414059993
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Clerk & Lindsell On Torts 21st ed with 2nd Supplement ISBN 9780414052802
Published September 2016
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Benjamin's Sale of Goods 9th ed: 2nd Supplement (eBook)
Edited by: Michael Bridge
ISBN 9780414059184
Published September 2016
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Bowstead & Reynolds On Agency 20th ed: 1st Supplement (Book & eBook Pack) ISBN 9780414055568
Published June 2016
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Bowstead & Reynolds On Agency 20th ed with 1st Supplement
Edited by: Peter G. Watts
ISBN 9780414055483
Published June 2016
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Bowstead & Reynolds On Agency 20th ed with 1st Supplement (Book & eBook Pack)
Edited by: Peter G. Watts
ISBN 9780414055544
Published June 2016
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Bowstead & Reynolds On Agency 20th ed with 1st Supplement (eBook)
Edited by: Peter G. Watts
ISBN 9780414055537
Published June 2016
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Bowstead & Reynolds On Agency 20th ed: 1st Supplement (eBook) ISBN 9780414055551
Published June 2016
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Bowstead & Reynolds On Agency 20th ed: 1st Supplement ISBN 9780414055476
Published June 2016
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Gatley on Libel and Slander 12th ed with 1st Supplement (eBook) ISBN 9780414052864
Published December 2015
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Gatley on Libel and Slander 12th ed with 1st Supplement ISBN 9780414052635
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Gatley on Libel and Slander 12th ed: 1st Supplement (eBook) ISBN 9780414052895
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Gatley on Libel and Slander 12th ed: 1st Supplement ISBN 9780414052628
Published December 2015
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Phipson on Evidence 18th ed: 1st Supplement (Book & eBook Pack) ISBN 9780414052987
Published December 2015
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Phipson on Evidence 18th ed: 1st Supplement (eBook) ISBN 9780414052970
Published December 2015
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Phipson on Evidence 18th ed: 1st Supplement ISBN 9780414052734
Published December 2015
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McGregor on Damages 19th ed: 1st Supplement ISBN 9780414053151
Published December 2015
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Jackson & Powell on Professional Liability 7th ed: 4th Supplement ISBN 9780414055001
Published December 2015
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Chitty on Contracts 32nd ed: Volume 1 General Principles ISBN 9780414050679
Published November 2015
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Benjamin's Sale of Goods 9th ed: Special Supplement (Book & eBook Pack) ISBN 9780414053120
Published September 2015
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Out of print
Benjamin's Sale of Goods 9th ed: Special Supplement ISBN 9780414051034
Published September 2015
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Clerk & Lindsell On Torts 21st ed: 1st Supplement (Book & eBook Pack) ISBN 9780414053083
Published September 2015
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Clerk & Lindsell On Torts 21st ed: 1st Supplement (eBook) ISBN 9780414053076
Published September 2015
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Clerk & Lindsell On Torts 21st ed: 1st Supplement ISBN 9780414052796
Published September 2015
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Benjamin's Sale of Goods 9th ed: Special Supplement (eBook) ISBN 9780414053113
Published September 2015
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Clerk & Lindsell On Torts 21st ed (eBook) ISBN 9780414038486
Published November 2014
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Clerk & Lindsell On Torts 21st ed ISBN 9780414034259
Published November 2014
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Clerk & Lindsell On Torts 21st ed (Book & eBook Pack) ISBN 9780414038493
Published November 2014
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Chitty on Contracts 31st ed: 2nd Supplement ISBN 9780414034662
Published November 2014
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Chitty on Contracts 31st ed: 2nd Supplement (eBook) ISBN 9780414034846
Published November 2014
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Chitty on Contracts 31st ed: 2nd Supplement (Book & eBook Pack) ISBN 9780414034877
Published November 2014
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Out of print
Chitty on Contracts 31st ed: Volume 1 (General Principles) with 2nd Supplement ISBN 9780414032828
Published November 2014
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Chitty on Contracts 31st ed: Volume 1 (General Principles) with 2nd Supplement (eBook) ISBN 9780414034884
Published November 2014
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Gatley on Libel and Slander 12th ed ISBN 9780414028432
Published December 2013
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Gatley on Libel and Slander (Book & eBook Pack) ISBN 9780414032781
Published December 2013
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Out of print
Gatley on Libel and Slander (eBook) ISBN 9780414032774
Published December 2013
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Out of print
McGregor on Damages 18th ed with 3rd Supplement ISBN 9780414043282
Published November 2012
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Out of print
Chitty and Jacob's Queen's Bench Forms 21st ed ISBN 9780421206007
Published June 1986
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Out of print