Advise charles on the enforceability of his contract


Problem: Charles is an avid collector of modern and contemporary art. What he lacks in knowledge, he makes up for with passion (and a hefty bank balance). One day, while visiting an art gallery owned by Margery, he notices a new painting hanging on the wall. He recognises the style immediately: the painting is by the well-known artist, Damien Hirst. Charles must have the painting and immediately proceeds to pay Margery her asking price of €70,000, without any further inquiry as to the provenance of the painting. Unbeknownst to Charles, Margery did not yet have the painting authenticated. Two years pass and Charles decides to sell the painting at a local auction house. The auction house confirms that the painting is a forgery, and a rather poor one at that. Charles is livid and is demanding that Margery return his money. Advise Charles on the enforceability of his contract with Margery, and on any remedies he may have. In doing so, please refer to relevant case law.

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Business Law and Ethics: Advise charles on the enforceability of his contract
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