Unformatted text preview: s. Feeling assured, Jim
immediately purchased the house from the incumbent owner for $7 million and soon
Jim visited the prestigious and exclusive Aria Art Gallery a short time later and
was served by Bravo, the employee on duty. Jim expressed interest in the life-size
bronze statue of ‘The Thinker’ (which depicts a man sitting in thoughtful
contemplation). Based upon his vague recollection, Bravo, who is the lazy sort,
said: “This sculpture is Auguste Rodin’s most famous work and was cast by him in
Paris during his lifetime. There are only 25 versions of it in the world and this one
on display, which is identified as Version 1/25, is the most valuable”. Jim told
Bravo that he had, for a long time, wanted to acquire the works of Auguste Rodin
(1840-1917) and buying the most valuable version of ‘The Thinker’ was like a dream
come true for him. The price quoted for the sculpture was $2 million.
Jim proceeded to sign the sale and purchase agreement which Bravo prepared.
Payment was to be made upon delivery of the sculpture, and the contract expressly
provided as follows: “Item of Sale – Auguste Rodin, The Thinker, Version 1/25”.
There was also a provision in the contract in bold fonts which read: “For other terms
and conditions, see back of invoice”.
The Aria Art Gallery delivered the sculpture to Jim’s house one week later.
When Jim effected payment of $2 million, he was given a copy of the invoice, which
contained on its back the following clause:
“Aria Art Gallery shall not be liable whatsoever for...
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This document was uploaded on 04/07/2014.
- Spring '14