Q1. Alfonse is a keen art collector and is eager to buy a statue he has seen in a dealer’s gallery catalogue. The statue is of a young female dancer and would appear to be by Degas. On Monday he goes to see the dealer and asks to see the statue.

Upon examination of it he asks the dealer “if this is a genuine Degas, should it not be numbered”. The dealer says “if it is not, I will not only return the price you pay for it but I will give you £5,000 for your trouble”.

Alfonse offers the dealer £75,000 who says “I cannot take less than £85,000. Alfonse says “I can go to £80,000. I will give you two days to think about it and I will come to pick it up on Wednesday afternoon if I do not hear from you first”. Alphonse leaves the shop.

On Wednesday he returns to the shop and the dealers partner is there. He says he has come to pick up the statue and pays her the £80,000 taking the statue with hm when he leaves. The following day an associate of Alphonse tells him the statue is a very clever fake almost indistinguishable from the original. He takes the statue back to the shop and asks the dealer for £85,000 to be paid to him for its return.

Advise Alphonse of any legal rights he may have.

Q2. Duress and undue influence can make a usually legally enforceable contract void. Describe what is meant by duress and undue influence and explain how they are distinguished from the normal commercial pressure applied in contractual negotiations.

Q3. Abigail, Basil & Cynthia are graduates from Boomtown University Business School and its College of Arts. They have been close friends since they enrolled three years ago and Basil & Cynthia are now engaged.


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