Nullity of Contract due to Error on Authenticity of Artwork

Extract

[...] Connor can therefore act in nullity of the initial sale on the basis of the error on the quality of the performance, of which he was a victim. II. On Connor's receipt of a part of the price received by Antoine during the sale In addition to the nullity of the contract and its annulment, the injured party may request damages and interest in the conditions of common law of extracontractual liability (Article 1178 paragraph 4 of the Civil Code), that is to say that it is up to them to establish a fault, a damage and a causal link (Articles 1240 and 1241 of the Civil Code). [...]

[...] In this case, for Connor to obtain damages and interest, it is up to him to establish a fact, a damage and a causal link (Cass. civ. 2and June 2018, n°17-14.781). The fact is the sale of the painting made with an error on the essential qualities of the service, and this despite the non-intentional element of Antoine, an element not required for the implementation of such a responsibility (Cass. civ. 2e November 1972). The damage suffered by Connor is the loss of profit, inasmuch as he sold a painting at a lower price compared to its real value, given that the work was authentic. [...]

[...] Antoine wants to resell the painting. The question is whether Connor can act on the nullity of the initial sale and obtain a part of the price received by Antoine at the time of his sale I. On the nullity of the initial sale Error, fraud, and violence are vices of consent, intended to lead to the nullity of the contract, when they have been determining in the consent of the party, so that, without this vice, she would not have contracted (article 1130 paragraph 1 and article 1131 of the Civil Code). [...]

[...] Furthermore, the error is excusable in that it is not mentioned that Connor and Antoine are art professionals. Finally, the error occurred at the conclusion of the contract and was decisive in Connor's consent in that he thought he was selling a copy, at a lower price, whereas he was actually selling an authentic work. If he had known that his work was authentic, he would not have contracted at such a sale price. Furthermore, the error constitutes a relative nullity (Article 1131 of the Civil Code), meaning that it can only be invoked by the party whose consent was vitiated. [...]

[...] The essential qualities of the performance are those that are expressly or tacitly provided for and in consideration of which the parties contracted (article 1133 paragraph 1 of the Civil Code); while the essential qualities of the contracting party relate to their person and can only be invoked in certain contracts intuitu personae (article 1134 of the Civil Code) In this case, the error concerns the authenticity of the work sold. As soon as there is an error regarding the authenticity of a work of art, there is an error regarding the essential qualities of the service (Cass. civ. [...]