This case study is about Georgina, who lives in London city, and owns an art gallery
“clios Art” she buy paintings from art
dealers. Most of her paintings focused
on still lifes, flowers in particular, and also landscapes. She
holds one of the world’s finest collections of Western art, ranging from the
middle ages to the present day. Georgina’s
Gallery care for, research and develop the art collections and is proud
to welcome over a million visitors every year not only from london but the rest
of the world. This case study depicts a
conflict between georgina and one of her art dealer Jacob who sold fake
paintings to her which were accurate conterfeit copies. Regulation by the
Financial Services Authority (FSA) and its initiative of Treating Customers
Fairly, as well as the scrutiny of the Financial Ombudsman Service, which looks
at matters from a more consumer-orientated perspective, rather than a strictly
legal basis, means insurers have to identify suspected fraudulent cases early
and, thereafter. However, it is essential that the evidence behind any
application is put together carefully and presented in the correct manner to
stand the best chance of obtaining the justice.
as the art critic Emily Genauer wrote, “we are almost at the point of
sophistication where we are able to enjoy a work of art for what it is.”
again, as Theodore Rousseau pointed out, “We should all realise that we
can only talk about the bad forgeries, the ones that have been detected; the
good ones are still hanging on the walls.”
Georgina lives in London city, and owns an art gallery “clios Art” and
she use to buy paintings from different art dealers and exhibit in her own art
gallery. Most of her paintings focused
on still lifes, flowers in particular, and also landscapes. She holds one of
the world’s finest collections of Western art, ranging from the middle ages to
the present day. Georgina’s Gallery care
for, research and develop the art collections.
In spring 2017, georgina bought number of paintings from another art dealer, Jacob, who had already
sold different paintings to georgina and visited her gallery on various
occasions. In their contract for the sale of paintings,Jacob included a clause,
( clause 41.1)
The clause stated ” if the paintings are not created by stated artist,
the seller will not b liable for any damage, breach of any statutory implied
terms, or loss to reputation whatsoever”.
???The buyer may rely on the
misrepresentations of the seller even if the contract contains an integration
clause stating that there are no other representations other than those
expressly stated in the contract that have induced the buyer to enter into the
The price for painting in total was $5 million and it was agreed that
they would be deliverd following Monday. The contract for sale was signed by
georgina and jacob at the gallery. Just
as jacob was about to leave , he fell over a pile of wooden frames at the exit, breaking his ankle
and ripping his expensive brioni vanquish suit. A sign over the door read ‘
management accept no liability for loss or damage whatsoever or howsoever
caused whilst you are on our premises’.
On the Monday, the paintings arrived and georgina after consulting her
colleague Robert, realised that two of the paintings were not by the stated
artist, but were accurate counterfeit copies. Georgina got so much angry and
decided to sue jacob under the sale of goods act s13and 14 for loss of reputation
as news has leaked out that she has purchased fake paintings. Jacob, on
theother hand denied the claim under the exclusion clause 41.1 and counter-sure
for the damage, he sustained at the gallery.
In this incidence, he broke his ankle and his expensive brioni vanquish
suit got ripped . According to their
contract under clauses, it was clearly depicted that if any of paintings were
not the real ones and are stated copies of the artist, then it would lead to
take legal action against the guilty.
Georgina consulted her lawyer christos, he suggested georgina that she
should still sue jakob, and should not pay attention to jacobs counter claim
due to her own exclusion clause on the wall at the gallery.
There are certain rules of professional conduct. Whatever their basis, these codes or rules define the lawyer’s proper role and relationship to the client.It is essential that lawyers understand the ethical codes under which they must operate.
Rule 8.4 of the Model Rules of Professional Conduct contains the following statements on misconduct:
It is professional misconduct for the suspect to not to:
(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so,or do so through the acts of another;
(b) Commit a criminal act that reflects adversely on the dealer’s honesty, trustworthiness or fitness as in other respects;
(c) Engage in conduct involving dishonesty, Fraud, deceit or misrepresentation;
(d) Engage in conduct that is prejudicial to the administration of justice;
(e) State or imply an ability to influence improperly a government agency or official.
In the art world specifically, women found themselves as significant
contributors in the education of art. The line between “legal advice” and “legal
information” is often blurred. As a general matter, only a lawyer may give
actual legal advice, whereas any non-lawyer may recite legal information.
Some matters can only be resolved through our legal system,
especially when the issues are complex, the
underlying facts are uncertain, and the sides are far apart, negating the
possibility of compromise. Filing a lawsuit may be the most practical and
humane way to go forward, despite its expense and the toll on the individual
On the other hand, Lawsuits are invariably stressful,
expensive, time-consuming affairs with uncertain outcomes. As a consequence,
most attorneys recommend that a lawsuit should only be pursued as a last resort
after all other methods to resolve a disagreement have been considered or
accordence with the following case study ,
Georgina should listen to her lawyer and should sustain on her decision
of suing jacob, Because he sold the fake paintings of the stated artist. On the other
hand jacob was unable to prove even two witnesses who could provide
evidence that the paintings were real. Christos, Georgina’s lawyer is totally
right in giving advise to her , that she should sue jacob and should made him
guilty for his act by giving a strong lesson.
Fakes and forgeries in the art world are the stuff
of legend, the subject of books, films, and television series the world over.
In real life, they land people behind bars.
“Nothing strikes fear into the heart of an art collector or
museum like the possibility that a prized work of art might actually be a
worthless forgery. And yet, despite the best efforts of experts to
safeguard against such chicanery, fake works masquerading as priceless,
original continue to litter the market”.