''Leaf v International Galleries''

950 Year 950 ( CML) was a common year starting on Tuesday of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: A Hamdanid army (30,000 men) led by Sayf al-Dawla raids into Byzantine theme Anatolia. He defea ...

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English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries ...

case concerning

misrepresentation In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant''

931 Year 931 ( CMXXXI) was a common year starting on Saturday of the Julian calendar. Events By place North Africa * The Ummayad Caliphate of Córdoba invades and conquers the city of Ceuta, which was ruled by the Berber dynasty Banu I ...

Question of law, statement of fact made during negotiations by one party to another, the statement then in ...

, mistake and

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...

, and the limits to the equitable

remedy Remedy, Remedies, The Remedy or Remediation may refer to: Computing and gaming * Remedy Corp, an American software company * Remedy Entertainment, a Finnish video game developer Law, politics, and society * Environmental remediation, the remov ...

of rescission.

Facts

Salisbury Cathedral Salisbury Cathedral, formally the Cathedral Church of the Blessed Virgin Mary, is an Church of England, Anglican cathedral in the city of Salisbury, England. The cathedral is regarded as one of the leading examples of Early English architecture, ...

'' by

John Constable John Constable (; 11 June 1776 – 31 March 1837) was an English landscape painter in the Romanticism, Romantic tradition. Born in Suffolk, he is known principally for revolutionising the genre of landscape painting with his pictures of Dedha ...

was what Ernest Louis Leaf thought he was buying on 8 March 1944 from International Galleries. International Galleries said it was a Constable. Leaf paid £85. Five years later when he tried to auction it, Leaf was told that it was not a Constable. He claimed rescission of the contract against International Galleries, to get back his money.

Judgment

Denning LJ Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he w ...

held that Mr Leaf was barred because too much time had lapsed. He held that in the event of lapse of too much time between the making of the contract and the decision to rescind, the right to rescind is lost. He held there was a mistake about the quality of the subject matter because both parties believed the picture to be a Constable, and that mistake was fundamental. But it was not enough to void the contract, because there was no mistake about the essential subject matter (a painting). The painter's identity was a term of the contract, which could either be classified as a condition (breach of which allows termination of the contract) or a

warranty In law, a warranty is an expressed or implied promise or assurance of some kind. The term's meaning varies across legal subjects. In property law, it refers to a covenant by the grantor of a deed. In insurance law, it refers to a promise by the ...

(which allows damages only). Here the painter's identity was a condition, but after hanging it in one's house for five years it is far too late to reject the painting for breach of condition. Jenkins LJ and

Lord Evershed MR Francis Raymond Evershed, 1st Baron Evershed, PC (8 August 1899 – 3 October 1966) was a British judge who served as Master of the Rolls, and subsequently became a Law Lord. Background and education Evershed was the son of Frank Evershed, a ...

concurred. * Summary In essence, the court held that there was no breach of contract, no "operative mistake", but there WAS misrepresentation. However, after a period of five years the right to rescission had lapsed, leaving the claimant with no remedy at all.

References

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External links

*D Alberge,
Michelangelo at the Met? Sotheby's painting claimed to be by Renaissance genius
(15 April 2010) ''

The Guardian ''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardi ...

'' English misrepresentation case law Lord Denning cases 1950 in British law Court of Appeal (England and Wales) cases 1950 in case law John Constable Art and culture law

Facts

Judgment

See also

References

External links