This case study is about Georgina, who lives in London city, and owns an art gallery”clios Art” she buy paintings from artdealers. Most of her paintings focusedon still lifes, flowers in particular, and also landscapes.
Sheholds one of the world’s finest collections of Western art, ranging from themiddle ages to the present day. Georgina’s Gallery care for, research and develop the art collections and is proudto welcome over a million visitors every year not only from london but the restof the world. This case study depicts aconflict between georgina and one of her art dealer Jacob who sold fakepaintings to her which were accurate conterfeit copies. Regulation by theFinancial Services Authority (FSA) and its initiative of Treating CustomersFairly, as well as the scrutiny of the Financial Ombudsman Service, which looksat matters from a more consumer-orientated perspective, rather than a strictlylegal basis, means insurers have to identify suspected fraudulent cases earlyand, thereafter.
However, it is essential that the evidence behind anyapplication is put together carefully and presented in the correct manner tostand the best chance of obtaining the justice. Brief preview”Perhaps,”as the art critic Emily Genauer wrote, “we are almost at the point ofsophistication where we are able to enjoy a work of art for what it is.” Perhaps.
Thenagain, as Theodore Rousseau pointed out, “We should all realise that wecan only talk about the bad forgeries, the ones that have been detected; thegood ones are still hanging on the walls.” Georgina lives in London city, and owns an art gallery “clios Art” andshe use to buy paintings from different art dealers and exhibit in her own artgallery. Most of her paintings focusedon still lifes, flowers in particular, and also landscapes. She holds one ofthe world’s finest collections of Western art, ranging from the middle ages tothe present day. Georgina’s Gallery carefor, research and develop the art collections. In spring 2017, georgina bought number of paintings from another art dealer, Jacob, who had alreadysold different paintings to georgina and visited her gallery on variousoccasions. 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 impliedterms, or loss to reputation whatsoever”.
???The buyer may rely on themisrepresentations of the seller even if the contract contains an integrationclause stating that there are no other representations other than thoseexpressly stated in the contract that have induced the buyer to enter into thecontract. The price for painting in total was $5 million and it was agreed thatthey would be deliverd following Monday. The contract for sale was signed bygeorgina and jacob at the gallery. Justas jacob was about to leave , he fell over a pile of wooden frames at the exit, breaking his ankleand ripping his expensive brioni vanquish suit. A sign over the door read ‘management accept no liability for loss or damage whatsoever or howsoevercaused whilst you are on our premises’. On the Monday, the paintings arrived and georgina after consulting hercolleague Robert, realised that two of the paintings were not by the statedartist, but were accurate counterfeit copies. Georgina got so much angry anddecided to sue jacob under the sale of goods act s13and 14 for loss of reputationas news has leaked out that she has purchased fake paintings.
Jacob, ontheother hand denied the claim under the exclusion clause 41.1 and counter-surefor the damage, he sustained at the gallery. In this incidence, he broke his ankle and his expensive brioni vanquishsuit got ripped . According to theircontract under clauses, it was clearly depicted that if any of paintings werenot the real ones and are stated copies of the artist, then it would lead totake legal action against the guilty. Georgina consulted her lawyer christos, he suggested georgina that sheshould still sue jakob, and should not pay attention to jacobs counter claimdue 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. ConclusionIn the art world specifically, women found themselves as significantcontributors in the education of art. The line between “legal advice” and “legalinformation” is often blurred.
As a general matter, only a lawyer may giveactual 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, theunderlying facts are uncertain, and the sides are far apart, negating thepossibility of compromise. Filing a lawsuit may be the most practical andhumane way to go forward, despite its expense and the toll on the individualparties involved.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 resortafter all other methods to resolve a disagreement have been considered orattempted.
Inaccordence with the following case study , Georgina should listen to her lawyer and should sustain on her decisionof suing jacob, Because he sold the fake paintings of the stated artist. On the otherhand jacob was unable to prove even two witnesses who could provideevidence that the paintings were real. Christos, Georgina’s lawyer is totallyright in giving advise to her , that she should sue jacob and should made himguilty for his act by giving a strong lesson. Fakes and forgeries in the art world are the stuffof 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 ormuseum like the possibility that a prized work of art might actually be aworthless forgery.
And yet, despite the best efforts of experts tosafeguard against such chicanery, fake works masquerading as priceless,original continue to litter the market”.