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enforcing contract

  • 26-02-2013 12:13am
    #1
    dienbienphu
    Closed Accounts Posts: 297 ✭✭


    Say if I accept an offer to buy a Caravaggio painting. Following acceptance, the owner and I discover the Caravaggio is a fake but the owner seeks payment? Are the courts likely to enforce it?


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    dienbienphu wrote: »
    Say if I accept an offer to buy a Caravaggio painting. Following acceptance, the owner and I discover the Caravaggio is a fake but the owner seeks payment? Are the courts likely to enforce it?

    I would say simple answer is no, if you agreed to buy original, seller agreed to sell original, the contract is now frustrated. Seller can't provide you with original.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,538 Mod ✭✭✭✭johnnyskeleton


    dienbienphu wrote: »
    Say if I accept an offer to buy a Caravaggio painting. Following acceptance, the owner and I discover the Caravaggio is a fake but the owner seeks payment? Are the courts likely to enforce it?

    It depends on what is said by the vendor and what is intended by the parties. So maybe. But for such purchases caveat emptor applies so most purchasers of fine art will get it authenticated first.


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    johnnyskeleton wrote: »
    It depends on what is said by the vendor and what is intended by the parties. So maybe. But for such purchases caveat emptor applies so most purchasers of fine art will get it authenticated first.

    I assume in the example as both buyer and seller discover post agreement but pre paying that the painting is a fake, that it was during the authentication process.

    If the seller intended to sell a fake that would bring in a whole range of other issues.


  • #5
    Markcheese
    Registered Users, Registered Users 2 Posts: 8,644 ✭✭✭Markcheese


    If you agreed to buy an unlabelled painting thinking it was carravagio and then pull out when you find out it's fake, you could be sued I suppose.... But if you were being sold a carravagio which you discovered was a fake before you bought it then run like hell :)
    If you've bought it, and it turns out to be fake , you'd probably have to prove the seller knew it was fake...
    Either way lawyers win

    Slava ukraini 🇺🇦



  • #6
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Did the purchaser contract to buy a Caravaggio? if so the seller must provode a Caravaggio or be in breach of contract.

    or

    Did the purchaser contract to buy the painting offered to him? if so he must complete the purchase or be in breach of contract.


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  • #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Homework alert! If only I could remember the case that deals with this situation precisely...


  • #8
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Jonathan Hull Fine Art v Addington!

    Depends on whether they were selling that painting of a Caravaggio, whether the seller disclaimed and expertise in the area and whether the buyer was more expert than the seller.


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