Question
In 2002 Adele Lawson purchased a pastel for $29,000 from a dealer, London Arts Group. London Arts Group gave Lawson the following writing, signed by
In 2002 Adele Lawson purchased a pastel for $29,000 from a dealer, London Arts Group. London Arts Group gave Lawson the following writing, signed by its Director that stated: "This is to certify that An Indian Brave by Frederick Remington, Drawing done in 1901, purchased by Lawson from Robert James Price is an original work as described. Should it prove to be other than described, the seller will refund the purchase price in full..." Lawson attempted to sell the pastel in 2017, but the auction house to which she hoped to cosign it refused to accept it, stating that the pastel was a copy of the original. Lawson obtained a firm expert opinion that the pastel was a copy later in 2017. She filed a complain against London Arts Group on March 19, 2018. The plaintiff's evidence at trial demonstrated that her pastel was indeed a copy having only decorative value. Expert witnesses testified that the original Remington pastel was worth between $150,000 and $175,000 at the time of trial. The plaintiff also attempted to prove that since LondonArts knew or should have known that Lawson's pastel was a copy and made no effort to authenticate it, the defendant sold the work in bad faith. London Arts presented no evidence. At trial, the jury found for the plaintiff and awarded Lawson $150,000 in damages. London Arts Group now appeals. On what bases would the London Arts Group appeal? How should an appellate court rule if the applicable law is the Uniform Commercial Code? If the applicable law is the New York Arts statute? Is the jury award the correct measure for damages?
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Answer London Arts Group may appeal the jurys decision on several bases Breach of Contract London Arts Group may argue that there was no breach of contract because the writing provided to Lawson only ...Get Instant Access to Expert-Tailored Solutions
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