Question 1 (c)

The painting believed to be an old master

6.25 marks

Time to write
About 12 minutes

From an older CBCS paper

Question

Question 1 (c) · 6.25 marks

A buys a painting from Y, both believing it to be the work of an old master, and A pays a high price for it. The painting turns out to be no more than a modern copy. Discuss the contract's validity? Would the answer be different if Y, knowing the painting to be a modern copy of the master copy, presents it as an old master's work. Discuss

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6.2 marks

Read from the question

  • Would the answer…?A case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).

What the paper leaves open

The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks. Marked as one question of 18.75 marks; answered here in 3 parts of 6.25 marks each (marks inferred).

Write it in this order

  1. Read the facts; underline who did what, and the exact question 1 min
  2. 1 The painting 6.2 marks 10 min
  3. Check: section named, answer stated in one line 1 min

Try it first. About 12 minutes for 6.25 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

The painting.

  1. Both believe it an old master. Where both parties “are under a mistake as to a matter of fact essential to the agreement”, including its quality, the agreement is void (s. 20). The agreement is void and A may recover the price.
  2. Y knows it is a copy and presents it as an old master's work. This is fraud: “the suggestion as a fact of that which is not true, by one who does not believe it to be true”, with intent to deceive the other party (s. 17). The contract is voidable at A's option: he may rescind it and recover the price, or affirm it, and claim damages.

Where the 6.25 marks sit

#ComponentMarks
1The painting6.25
Total6.25
Keyboard: ← → previous and next question, / search

Report a problemopens an email to admin@getkunji.com with the question IDBLH21-Q1calready filled in.