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Home Introduction (Opens new window) Membership Seminars Publications Art Antiquity & Law Distance Learning and Intensive Courses Situations Vacant Links Contact Us		Authenticity in the Art Market: A Comparative Study of Swiss, French and English Contract Law   by Carolyn Olsburgh Published in December 2005 ISBN: 1-903987-17-2 Fakes have always existed, but the very high prices which art and antiquities now command mean that we are witnessing ever greater numbers of fakes and forgeries in the major art markets. This book focuses on the contractual relationship between the buyer and seller and explains the circumstances in which the courts of three major art market countries (Switzerland, France and England) approach claims concerning inauthenticity. About the book: This book examines the scope of the seller’s duty, within each of the jurisdictions at issue, to inform the buyer of facts relevant to the issue of authenticity, together with the contractual force of any guarantees given by the seller. The author analyses the concept of mistake as it applies in each of the countries under consideration, and examines dol as a vitiating factor in Swiss and French law, and misrepresentation in English law. An account is given of the buyer’s remedies, including damages and setting the contract aside, and attention is paid to the problem posed for the mistaken buyer by limitation periods. The text also contains a number of useful appendices, including a table of limitation periods, and the relevant statutory provisions from Swiss, French and English law. The author: Carolyn Olsburgh is a practising lawyer with Lalive Attorneys-at-law in Geneva, Switzerland. She was admitted to the Geneva Bar in 2000 and obtained a Master of Law from the University of Cambridge. Contents Table of Cases Table of Legislation Preface Avant-Propos Chapter 1: Introduction Chapter 2: Swiss Law Chapter 3: French Law Chapter 4: English Law Chapter 5: Comparision and Evaluation of the Solutions Chapter 6: Conclusion Appendices The paperback version of the book is available at £18 including postage & packing within the United Kingdom  UK Orders - £18  Orders to Europe - £18 plus £2 p&p  Outside Europe - £18 plus £4 p&p Send comments to webmaster@ial.uk.com © The Institute of Art and Law 1995-2008