Question
33. Andrew Artist entrusts a number of his recently completed paintings to Sam Seller on sale or return as part of a two week exhibition
33. Andrew Artist entrusts a number of his recently completed paintings to Sam Seller on sale or return as part of a two week exhibition of Young Yuppie Art that Sam is conducting in his gallery. Clare buys one of Andrew's paintings during the course of the exhibition and a sticker indicating it has been sold is placed on the painting. When Clare comes to collect the painting at the end of the exhibition she is horrified to discover that large sections of the painting have deteriorated noticeably. This is due to the fact that Andrew, who believes in putting himself into his art, had used his own 'body fluids' as some of the materials in the painting. Discuss the legal position of the parties assuming that Clare has already paid for the painting.
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