Hermione is an auctioneer who has recently experienced some legal problems:
Hermione placed adverts in several national newspapers detailing that a sale of antique furniture by the seventeenth century designer James Boswell, would be held in Edinburgh on 21st June. Morag, a private collector, who saw the advert, was very interested in bidding for this furniture and she has decided to make the trip to Edinburgh from the Shetland Islands to attend the sale. Several conditions were set out in Hermione’s advert, one being:” The highest bidder to be the buyer.” Morag attended the auction as planned. She successfully bid for a 17th Century oak dining table. The next lot contained a collection of Boswell pieces in which Morag was greatly interested. her bid was the highest, but before the fall of the auctioneer’s hammer, the owner of the goods, who was present in the auction room, decided to withdraw the goods from sale. Morag is furious and demands that she be given the furniture.
Q1. Morag quickly discovers that whilst the oak dining table is indeed of 17th Century origin, it is not the work of James Boswell after all, but rather that of a promising apprentice who worked for the famous designer. She is unhappy with her purchase and wishes to rescind the contract. Advise her of her legal position.
Q2. In relation to the unsold furniture which Morag bid on, does she in fact have a contract of sale with the owner of the Boswell furniture?
What I really need here is the area of law, and this case applied to that area?
The idea of being given assignments such as this is that YOU research it properly (asking others the answer on here is not proper research) so that you actually learn about the subject.
What's a bar exam, Alex?
L0
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