This is a brief excerpt from the document you requested from IFAR’s Art Law & Cultural Property Database.
Case Summary
Christie's v. SWCA, Inc.
Christie’s Inc. v. SWCA, Inc., 867 N.Y.S.2d 650 (N.Y. Sup. Ct. 2008).
Précis
In this case arising out of the
rescission
The cancellation of a contract by mutual agreement of the parties (http://dictionary.law.com).
rescission of the sale of a purported Pablo Picasso sculpture, a New York state court allowed claims brought by Christie’s, New York, against an art gallery for
breach of contract
Violation of a contractual obligation by failing to perform one's own promise, by repudiating it, or by interfering with another party's performance (Black’s Law Dictionary (8th ed. 2004)).
breach of contract and breach of warranty to move forward to trial. Significantly, in determining whether Christie’s properly rescinded the sale based on its doubts about the sculpture’s
authenticity
The genuineness or truth of something; in art, the determination or judgment that a work is by the artist to whom it has been attributed.
authenticity, the court departed from . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
Click here to subscribe to IFAR's Art Law & Cultural Property Database to access this and other documents about U.S. and international legislation and case law concerning the acquisition, authenticity, export, ownership, and copyright of art objects.