Is There an Expert in the House? <i>Thomson v. 
Christie's</i>: The Case of the Houghton Urns

Vyas, Stephanie G.

doi:10.1017/s0940739105050228

Cited by 3 publications

(1 citation statement)

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“…5 Authenticity has become a twenty-first century challenge that reaches into every corner of modern life. Of course, authenticity means different things to different communities; indeed, even within a single domain its meaning can vary from rigid to flexible, as a contrast between the Warhol Foundation approach to validating "authorship" in Warhol works (Brooks 2006) and the judgment in the United Kingdom legal case of Thomson v. Christie's demonstrates for the art world (BBC 2004;Vyas 2005). The inability to separate the authentic from the inauthentic in the case of counterfeit drugs is creating a "global public health problem causing death, disability and injury" (WHO 2006;FDA 2004) and the continuing growth in the production of such counterfeit products as handbags, trainers and watches raises concerns over the protection of intellectual property rights and economic returns.…”

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confidence: 99%

Digital Preservation, Archival Science and Methodological Foundations for Digital Libraries

Ross

2012

New Review of Information Networking

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Digital libraries, whether commercial, public, or personal, lie at the heart of the information society. Yet, research into their long-term viability and the meaningful accessibility of their contents remains in its infancy. In general, as we have pointed out elsewhere, "after more than twenty years of research in digital curation and preservation the actual theories, methods and technologies that can either foster or ensure digital longevity remain startlingly limited." Research led by DigitalPreservationEurope (DPE) and the Digital Preservation Cluster of DELOS has allowed us to refine the key research challenges-theoretical, methodological and technological-that need attention by researchers in digital libraries during the coming five to ten years, if we are to ensure that the materials held in our emerging digital libraries are to remain sustainable, authentic, accessible and understandable over time. Building on 44 S. Ross this work and taking the theoretical framework of archival science as bedrock, this article investigates digital preservation and its foundational role if digital libraries are to have long-term viability at the center of the global information society.

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confidence: 99%

Digital Preservation, Archival Science and Methodological Foundations for Digital Libraries

Ross

2012

New Review of Information Networking

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Against authenticity

Lixinski

2022

International Journal of Heritage Studies

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An Object Lesson in Speculation: Multiple Views of the Cathedral in Leaf v. International Galleries

Fernandez¹

2008

tlj

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Leaf v. International Galleries is an English case dealing with the doctrine of innocent misrepresentation in contract law. Mr Leaf bought an oil painting of Salisbury Cathedral from International Galleries in 1944 for £85 on the representation that it was an authentic picture by the famous English painter John Constable. When he tried to sell it five years later to Christie's auction house, he was told that it was not in fact a Constable. International Galleries stood by its claim of authenticity. The trial judge found as fact that the painting was not authentic. Lord Denning held at the Court of Appeal that Mr Leaf might well have asked for damages for breach of a warranty that the painting was a real Constable; however, he did not do so, and his request to amend the pleadings to that effect was denied. What Leaf did ask for was equitable relief under the doctrine of innocent misrepresentation by way of rescission ( i.e. , that he be allowed to return the painting and recover his £85). Leaf's claim was denied on the grounds that five years was too long after the transaction to rescind it. Scholars who discuss the case wrestle with the odd fact that £85 seems an extremely low price to pay for an authentic painting by John Constable, and various ways of responding to this have worked their way into the treatment of the case. However, it turns out that £85 might have been a perfectly reasonable price to pay for particular Constables in 1944. This article explores how assumptions like this perfectly ordinary one about the value of a real Constable in the Leaf case can lead us astray. The 'object lesson in speculation,' which I use the Leaf case to demonstrate, is the trap that legal teachers and scholars often fall into because we do not engage in actual investigation of what happened in law school casebook cases. At the same time, however, such investigation sits uncomfortably with the role and function of cases in the common law, which uses reported appellate cases in a very specific way. This article is an investigation of this problem, approached through the lens of the Leaf case.

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Is There an Expert in the House? Thomson v. Christie's: The Case of the Houghton Urns

Cited by 3 publications

References 16 publications

Digital Preservation, Archival Science and Methodological Foundations for Digital Libraries

Digital Preservation, Archival Science and Methodological Foundations for Digital Libraries

Against authenticity

An Object Lesson in Speculation: Multiple Views of the Cathedral in Leaf v. International Galleries

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