Case

Anatole, an impressionist specialist at the Musée d'Orsay, put up for sale his own private collection of paintings. For a moderate price, Bob acquired two of them for his New York gallery, ballet scenes described by the catalogue prepared by Anatole as the ‘charming work of an unknown artist’. Anatole has now learnt from the American press that the two paintings have been hailed by certain American impressionist experts as authentic Degas, hitherto undiscovered, and are to be resold at a breathtaking price. French experts, called in to give their views, are more reserved; the painting might not be the work of Degas himself, but could well have been carried out by a pupil under the master's supervision. If confirmed, such doubts as to the paintings' authenticity could well diminish their value as re-estimated in New York; however, it is also patently clear that Anatole's own initial judgement was inaccurate and that the price paid by Bob was in any event greatly below the one the work could now reach. What remedy, if any, is available?

Discussions

Austria

(i) Anatole made a mistake as to the content of the contract, such a mistake relates to the qualities of the subject matter of the contract and was an intrinsic element of Bob's performance. Whether or not the paintings were by Degas himself or by one of his pupils is not important.