83. Pia is contemplating the purchase of a painting which the seller represents to be by the...
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83. Pia is contemplating the purchase of a painting which the seller represents to be by the great master Rubens. Pia brings the painting to her friend Dimitrius, who Pia knows to be one of the world’s great experts in Old Masters paintings. Pia asks Dimitrius to give his opinion on whether the painting is really by Rubens. Dimitrius looks at the painting, and said, “Yes my dear, I’m nearly certain that it really was painted by Rubens himself.” In fact, Dimitrius is very unsure whether the painting is by Rubens or rather by one of his students, but he is too embarrassed to tell Pia (whom he longs after romantically) of his uncertainty. Pia buys the painting, and suffers financial loss when it is later conclusively shown to have been by one of Rubens’ students. Pia sues Dimitrius for fraudulent misrepresentation. Dimitrius defends on the grounds that he was only stating, as Pia knew, his own opinion. May Pia recover?
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