Question
Collector is browsing in Gallery and finds a small charcoal drawing that looks like an Andy Warhol original. Collector is pretty confident that he is
Collector is browsing in Gallery and finds a small charcoal drawing that looks like an Andy Warhol original. Collector is pretty confident that he is right about the origin of the drawing. He asks the Gallery Owner about the piece and receives assurances that it is an original Warhol that was purchased from an estate sale 10 years ago. Owner produces several letters and receipts showing that the drawing is authentic and Owner believes that it is, in fact, an original. Collector agrees and offers $10,000 for the drawing and Owner accepts. The next day, Collector returns to the Gallery with a cashier's check in the amount of $10,000 and accompanied by his Daughter, a recent graduate from FSU with a MFA in modern art. Daughter takes one look at the drawing and says, "It's a fake. There are hundreds of these on the market that were drawn by foreign copy cats in the 1990's." Daughter is, in fact, correct.
Owner insists that the drawing is original and threatens to sue Collector for enforcement of the agreement if he does not buy the drawing. If Owner initiates a law suit to enforce the agreement, which of the following would provide the best defense for Collector?
a) Fraud in the factum
b) Mutual mistake
c) Unilateral mistake
d)Fraudulent misrepresentation (fraud in the inducement)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started