Art law—negligence
Produced in partnership with Adam Carvalho
Practice notesArt law—negligence
Produced in partnership with Adam Carvalho
Practice notesThis Practice Note considers negligence and contractual claims against auction houses and valuers in relation to artworks. The Practice Note focuses on four cases, highlighting the ways in which the courts have addressed issues relating to: (a) the attribution of artwork (see Practice Note: Art law—authenticity, provenance and attribution of artworks), (b) the duty and standard of care in such cases and (c) the quantification of damages. It should be noted that claims in negligence relating to objects of art are highly fact specific, and that the area is a complex one in legal, evidential and other relevant terms. This Practice Note is necessarily an overview summary of certain key aspects, specialist advice to consider the complexities at the earliest possible stage will nearly always be advisable.
For an introduction to art law for Private Client practitioners, see Practice Note: Art law—introduction for Private Client practitioners. For an overview of the general principles applicable in negligence claims, as to the existence and standard of duty of care, breach, causation and loss, see Practice Note: Negligence claims—illustrative decisions (2020–2024) [Archived].
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