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#11
07-16-2007, 10:34 AM
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A Legal Win for Mastro -- As Reported By O'Keefe!
Posted By: PSpaeth
It is certainly difficult to prove "intentional" fraud in the sense Bruce means, but if a court were to impose a duty of independent authentication, there could be a claim for fraud based on recklessness, or negligent misrepresentation, without proof of "intentional" fraud in the sense Bruce means. As per the prior thread, I don't think such a duty would be imposed particularly with appropriate disclaimers by the auction house, although Corey made some excellent points in favor of imposing such a duty. 
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