A Purchaser Bought an Oil Painting from a Private Collector

question 55

Essay

A purchaser bought an oil painting from a private collector who promised that it was painted by one of the members of the Group of Seven,a promise that was held to be one of the terms of the contract.The painting quickly became the purchasers favourite.He took it home and built a special room for its viewing,with an expensive lighting system.Five years later,after having grown somewhat tired of the room,the purchaser decided to sell the painting.In so doing,he discovered much to his chagrin that the painting was worth much less than he had thought as it was,in fact,done by a less famous American painter,who worked in a style similar to the Group of Seven.The purchaser decided to try to get his money back.He sued the private collector who sold it to him,asking the court to rescind the contract on the ground that there had been an innocent misrepresentation.What are the most plausible grounds upon which the court might decide not to rescind?

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Definitions:

Drowsy

A feeling of being sleepily tired and lethargic, not fully awake, often as a prelude to falling asleep.

Random Assignment

The process of selecting participants for experimental and control groups by using a chance procedure to guarantee that each participant has an equal probability of being assigned to any of the groups; a control for selection bias.

Participant

An individual who takes part in a study or experiment, providing data for researchers to analyze.

Equal Chance

The principle that each participant or subject in a study has an equal probability of being chosen for any given condition or treatment.