ABSTRACT
The claim of being a ‘good faith’ buyer is often made in a general and unsubstantiated way as a response to a repatriation claim concerning physical artworks. This paper examines what that defence means in terms of legal consequences. The principle is seen to operate differently for three different sectors of the art market. These are buyers who are members of the general public, then collectors and dealers, and thirdly, institutions that collect art. The defence is shown to be available in only a limited way for the third category, in particular. Further, where the artwork is taken in breach of trust, a fiduciary relationship, or as a result of theft by an agent, the defence is more restrictively interpreted. Here enhanced opportunities for recovery also exist against employees and advisers, where they are shown to have participated in the acquisition, knowing of the breach of trust, or equitable obligation.
Thomas, Rod, The ‘Good Faith’ Buyer Defence and the Vulnerability of Art Institutions and Their Employees to Repatriation and Reparation Claims (September 29, 2022).
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