commercial law

Project description
Question
Please answer both part one and part two below
.

Part 1

Simon has recently graduated in Fine Art from the University of Hertfordshire. Whilst trying to establish himself as an artist in his own right he has decided to work as a commercial sales agent and in September 2014 was approached by Rosie Redmayne, a major contemporary artist to act as her commercial agent. Rosie gave Simon a written agency agreement in which she advised Simon that she would give him 10% commission on all sales he negotiated with art galleries who agreed to buy her work, which generally retail for around 5,000 per piece. The agency was specified to be for an indefinite period although there were no provisions specified as to notice periods on termination. The agreement also stated that Simon would be entitled to receive an indemnity payment on termination.

In October 2014 Simon sold 2 pieces of work for 5,000 each, another 3 pieces in November, followed by 6 pieces of work in December 2014. No sales were made in January 2015 and in February 2015 Rosie emailed Simon to advise him she was terminating the agency agreement with immediate effect due to disappointing sales. She also indicated to Simon that he was barred from acting as a commercial agent for any other artist for a period of three years, even though there was no provision to this effect in the agency agreement. Simon has not received any commission with regard to any of the sales he made for Rosie, but would like to start work for another artist shortly as a commercial agent.

Please advise Simon as to his legal rights against Rosie Redmayne, with reference to the Commercial Agents Regulations 1993 and relevant case law.

Part 2

Simon is offered a job at Arted plc. Arted plc sell fine art to high end purchasers. Simon is approached by Mary-Alice about purchasing a painting described in Arteds catalogue as a Monay, a well-respected contemporary artist whose previous work has sold for in excess of 1 million. Mary-Alice is not familiar with Monays work but has read about her in Artist Weekly Digest Magazine. Mary-Alice agrees to buy the painting for 750,000. The painting is supplied by Arted PLC with a frame and a pack of 3 No More Holes wall fixings supplied by manufacturer 2n Ltd. The packaging on the fixing states 2n wall fixings can hold up to a maximum weight of 6kg. The painting is hung in Mary-Alices home using 2 of the 3 wall fixings as the painting weighs 6kg.

Mary-Alice invites her friends over to examine her latest art purchase. However, upon close inspection her friend Pierre notices that the painting is in fact a fraud. Pierre shows Mary-Alice the defects in the painting evidencing the fraud. Whilst inspecting the painting it falls from the wall, breaking Pierres foot, shattering the glass frame and damaging Mary-Alices hardwood floor.

Mary-Alice contacts the manufacturer, 2n, to explain what has happened. She is told that to hold the maximum of 6kg then all 3 fixings must be applied to the object.

Advise Mary-Alice as to any potential claim under the Sale of Goods Act 1979 and the Consumer Protection Act 1987, Part I

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