Ask a Scots Law Question, Get an Answer ASAP!
I am needing some guidance on the following question. The main parts I am struggling with is whether the rules of treasure trove apply to part (a), and whether offside goals rules apply to part (c ). A structure of an answer for each part would be ideal
PLEASE NOTE THIS IS SCOTS LAW
Walking past a builder’s skip in Aberdeen John notices a picture frame. On investigation he finds an oil painting of a Deeside scene signed ‘J Farquharson, 1890’. John takes the painting home and advertises it in the Evening Express as ‘Deeside oil painting, £100’. Fiona comes to view and offers to buy with ‘payment next Friday when I will collect the picture.’ John accepts. The next day art dealer Bruce ‘phones and John agrees to let him see the picture ‘just for interest, because I’ve agreed to sell it to someone else’. Bruce says the picture is worth £50,000 and persuades John to let him take it for £40,000. John tells Fiona what he has done. Fiona goes to her solicitor who establishes that the picture is for sale in Bruce’s gallery marked ‘Original Farquharson: £55,000’ Answer the following 3 questions in the order asked; each carries equal marks. a) What is the ownership position of the picture in the skip? What is the consequence of John’s taking the picture from the skip? b) Assuming that John had the right to convey the picture, what was Fiona’s position on the conclusion of their contract? Might the answer to this question be different depending upon whether the Sale of Goods Act 1979 or the common law is applied? c) Assuming that John effectively conveyed the picture to Bruce, is there any basis under which Fiona might challenge Bruce’s position?