Fundamentals of Law:
Contracts Assignment
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Student ID:
Table of Contents
1.0 Case 4
2.0 Questions 4
3.0 Memorandum 5
4.0 Reference 9
1.0 Case
Semester Two 2014
Bea, an amateur art collector, read the following ad in the paper: “Steven’s Art and Antiques – The Finest in Collectibles – Internationally Recognised Artists!”
Bea went to Steven’s store and spotted a large painting signed with the name “Master”. Bea asked Steven, “Is this an original Master?” “Sure,” Steven responded. When she asked about the price, Steven replied, “Well, considering the status of the artist, I couldn’t take less than $4000 for it.” Knowing that an original painting by Arthur Master was worth at least $40,000 Bea immediately paid for the paining. Due to its size, however, Bea asked it be delivered to her home and hung in the living room. Steven agreed and wrote up a dated invoice for “1 Master painting” to be delivered and installed Bea’s address “sometime next week.” Steven initialled the invoice and marked it “Paid.”
Steven did not deliver the paining the next week, but instead took it to Bea’s house the week following. Bea was not at home, so Steven left the paining on Bea’s porch. It rained later that day and the part of the canvas mildewed. Bea went ahead and hung the paining in her home. She then called an art expert to evaluate the painting for the potential resale and get an estimate on fixing the mildew damage.
Weeks later the art expert examined the painting, he informed Bea that the mildew could be removed for $100, but the paining was not by the renowned artist, Arthur Master. Instead, it was by a local artist, Andrew Master, and was worth approximately $400.
Prepare a memorandum addressing the following matters in detail, and including relevant case law to support your arguments
2.0 Questions
1. What are Bea’ potential claims against Steven? What are Steven’s potential defences? Who is likely to prevail in the event