SmartBrief
Confirm favorite deletion?
Art Law Keyed to Gerstenblith, 4th Ed.
Krahmer v. Christie’s Inc.
Citation:
903 A.2d 773 (2006)Facts
In May 1986, Christie’s first offered a Frank Weston Benson painting for sale, representing its provenance as a “midwestern club,” but found no buyer. In December 1986, the Krahmers purchased the painting for $88,500 at a subsequent Christie’s auction. Although Christie’s had removed the provenance representation from the catalogue, after purchase Christie’s provided a nameplate stating the painting belonged to the Detroit Club of Michigan and told the Krahmers the Club purchased it directly from the artist. In 1990, Christie’s provided an updated appraisal valuing the painting at $85,000. In 1999, the Krahmers contacted the Benson Catalogue Raisonné Committee for authentication. In 2002, when attempting to sell through Sotheby’s, a restorer expressed concerns about authenticity. The Committee determined in October 2003 that the painting was a forgery, likely swapped with the authentic painting that ended up at the New Britain Museum. The Krahmers filed their petition for rescission in July 2004, nearly 18 years after purchase, and later sought to amend to add negligent misrepresentation and constructive fraud claims.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.