Question

You are an avid collector and painter of watercolors. You enjoy visiting all of the local and regional art galleries and, routinely, you purchase works of copies of the masters. One evening, at a local gallery, you make an offer to purchase what you are told is an autographed print of a locally famous watercolor artist. The painting is framed in glare-free argon gas glass. You pay $500.00 for the print and glass.

The next evening the gallery director calls you and frantically explains that you actually purchased an original work by the artist, not the autographed print you thought you purchased. The original painting, in your possession, is worth at least $10,000.00. The gallery director asks that you return the painting, but also informs you that there exists no more autographed prints to sell to you. When you hesitate to return the painting without receiving at least the autographed print, the gallery director threatens you by stating that if you do not return the painting, she will inform all of the art galleries in the state of your refusal and ask that none of the galleries sell to you in the future.

In this transaction, how does the law of unilateral and mutual mistake apply. What about the notion of fraud? The gallery provided you with an express guarantee of authenticity of the autographed print and frame. Did the gallery provide what it guaranteed? What about the element of duress? Is the gallery director potentially liable to the defense of duress if you agree to rescind the contract and return the painting (and hopefully receive a return of the monies you paid).

Answer 1

Basically , In this transaction law of unilateral mistake is applied which occurs when one party is mistaken as to the terms or the subject matter which is contained in the agreement.This type of mistake is more common than the mutual mistake in which both the parties are mistaken about the same material fact within thier contract .Nosw in this case , we see that I am painting with watercolour is my passion and i go crazy when it comes ton painting and I love the paintting from famous painters .So I bought my self the autographed painting with the information provided by the gallery .now the next day the director call tell me that it was an original painting and i should return it and he threaten me .This is actually a fraudulent act because there is no guarantee either if the painting is original or not or it is autographed one or not .The gallery is hiding the authentic information and is breaching the contract made .This will purely be cosnidered as the Law of mutual mistake and it is non voidable as the condition we deal with . The element of duress is The defendant must have become involved in the situation through no fault of his own.So the gallery director is not potentially liable If i agree to rescind the contract and return the painting

Have a good day !