000 01649cam a2200241 4500
001 ABS66860
008 030710n2003 000 0 eng u
035 _a(Sirsi) u122976
100 _aHudson, A.
245 _aAttribution of paintings and sale by description
260 _c2003
490 _aArt Antiquity and Law
_v8(2) June 2003, 201-208(9)
520 _aDiscusses "Drake v Thos Agnew and Sons Ltd" ([2002] EWHC 294 (QB), unreported) concerning the attribution of a painting and sale by description. Claimant D purchased an oil painting from defendant (A) through agent (C) for £1 500 000. D alleged that the painting was sold as a painting by Van Dyck and brought a claim for damages against A. Issues arose concerning the terms of the contract of sale. Was it a sale description as it was referred to by A as being by Van Dyck or did it come within the terms of the Sale of Goods Act 1979 s13 as argued by D? The brochure and letter supplied by A to C, which C failed to pass onto D, set out the argument and opinion and quoted contrary views over authenticity of painting. "Held" that there was no term in the contract that the painting was by Van Dyck and was therefore not a sale by description within s13 of the Act. Highlights the pitfalls of bringing alleged mis-attribution legal action on the basis of misdescription and misrepresentation.
590 _aABS
650 _aDRAKE V THOMAS AGNEW AND SONS LTD
650 _aAUCTIONEERS
650 _aPAINTING
650 _aSALE OF GOODS ACT 1979 S13
650 _aMISDESCRIPTION
650 _aMISREPRESENTATION
690 _aANTIQUES AND FINE ART-CASE LAW
942 _n0
999 _c73027
_d73027