Business Law

Case Description

Andy Warhol was a painter and one of his subjects was mugs painted to look like cans of Campbell soup. A genuine Warhol mug sells for $35,000 plus. At a street fair a vendor had mugs for sale with various designs and messages. Most mugs were $5-$12 each. One of the mugs looked just like a can of soup. It was on a different shelf. A customer asked if it was real and was told "Looks just like a soup can". When the customer asked the price, they were told $75. They paid for the mug and tried to sell it to a gallery who told them it was not a Warhol and only worth $15. They tried to get their money back from the merchant because they were defrauded. Who will win, merchant of customer? Why?