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Felix Gonzales-Torres on Contracts

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  • Kee, Joan
  • Library, Cornell

Abstract

26 Cornell Journal of Law and Public Policy (2017) Contracts involving the sale or transfer of artworks generally aspire to rationalism. Parties sign them in order to maximize gain and minimize risk. In the art world, the contract is closely associated with a zero-sum mentality that emphasizes the relationship between artists, gallerists, institutions, and other owners as one marked by compromise, if not outright antagonism. In many cases, the very use of contracts implies that no one will get everything he, she, or it wants. When the artist is famous, the contract is a matter of take-it-or-leave-it, and negotiation is not possible. In such a case, the owner is more likely to treat the prospective purchase as a unique good for which no acceptable substitution exists.

Suggested Citation

  • Kee, Joan & Library, Cornell, 2018. "Felix Gonzales-Torres on Contracts," LawArXiv ktxdz, Center for Open Science.
    • Handle: RePEc:osf:lawarx:ktxdz
    DOI: 10.31219/osf.io/ktxdz
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