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9780198166559

Violin Fraud Deception, Forgery, Theft, and Lawsuits in England and America

by ;
  • ISBN13:

    9780198166559

  • ISBN10:

    0198166559

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 1998-02-12
  • Publisher: Clarendon Press

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Summary

Instruments of the violin family are well known to be exceptionally valuable if they are the work of an Italian master such as Stradivari or Guarneri. Unfortunately, in common with many other antique articles of value, the forger, the defrauder, and the thief operate in the world of theviolin in a very conspicuous way. With varying degrees of skill, labels are altered, certificates of origin are spuriously created, instruments are even made from new but disguised to look old and to reproduced the features of an old master. Buyers, dealers, and even auction houses can easily makedistressing and very expensive mistakes. Many people who own instruments, or who are interested in buying them, want to know more about the dangers, the pitfalls, and the case histories of previous disasters. The law itself is widely misunderstood and its wide ambit not appreciated. Those who contravene the law risk actions for civildamages as well as criminal prosecution, primarily by the ever more vigilant Trading Standards Department of local authorities. It is the intention of this book to detect the background to this fraudulent activity and to explain how the law applies to it. Much of what is said applies to the antique world generally, but there are specific and pressing problems relating to to string instruments which have not been analysedin detail before and with which this book is particularly concerned. This new edition includes an account of American law as it relates to to violin commerce, including a discussion of violin theft, fraud, and contract issues, product disparagement, and slander, auction issues, tax issues, secret commissions, ethics, and intellectual property theft.

Table of Contents

TABLE OF CASES
xiii(5)
TABLE OF LEGISLATION
xviii(3)
INTRODUCTION xxi
PART I: THE ENGLISH SCENE 3(100)
1 A Case Study in Supply and Demand the Violin Scene
3(8)
2 History of Violin Frauds
11(9)
3 Liability for Misdescriptions -- An Overview of the Civil and Criminal Law
20(14)
4 Business or Pleasure -- Legal Traps
34(5)
5 Misdescriptions and False Labels
39(15)
6 Fakes and Forgeries -- the Problem of Attribution
54(21)
7 Stolen Violins
75(19)
8 Improving Violin Trading and Repairing Standards
94(5)
Tailnote
99(4)
PART II: THE AMERICAN SCENE 103(90)
9 The Purloined Violin
103(17)
10 Intentional and Innocent Misdescriptions
120(10)
11 Breach of Contract and Warranties
130(12)
12 Auctions
142(13)
13 Discovery of Fraud and Deception: Fiddling Away the Time -- the Statute of Limitations and Other Defences
155(7)
14 Defamation and Product Disparagement
162(6)
15 Tax Issues
168(3)
16 The Hazards of Secret Commissions and the Duty to Disclose
171(5)
17 Criminal Liability
176(5)
18 Ethics
181(2)
19 Intellectual Property Rights
183(9)
Tailnote
192(1)
Appendix 1 A Summary of Practical Guidelines for Everyone Involved in the British Violin Trade 193(5)
Appendix 2 Uniform Commercial Code, Sections 2-326, 2-327, and 2-328 198(3)
Appendix 3 American Federation of Violin and Bow Makers, Inc. Code of Conduct 201(6)
BIBLIOGRAPHY 207(2)
INDEX TO PART I (The English Scene) 209(2)
INDEX TO PART II (The American Scene) 211

Supplemental Materials

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