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Record W2036896611 · doi:10.1353/tlj.0.0012

An Object Lesson in Speculation: Multiple Views of the Cathedral in Leaf v. International Galleries

2008· article· en· W2036896611 on OpenAlex
Ángela Muñoz Fernández

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueUniversity of Toronto Law Journal · 2008
Typearticle
Languageen
FieldArts and Humanities
TopicArt History and Market Analysis
Canadian institutionsnot available
Fundersnot available
KeywordsSpeculationObject (grammar)ArtEconomicsPhilosophyLinguisticsFinance

Abstract

fetched live from OpenAlex

Leaf v. International Galleries is an English case dealing with the doctrine of innocent misrepresentation in contract law. Mr Leaf bought an oil painting of Salisbury Cathedral from International Galleries in 1944 for £85 on the representation that it was an authentic picture by the famous English painter John Constable. When he tried to sell it five years later to Christie's auction house, he was told that it was not in fact a Constable. International Galleries stood by its claim of authenticity. The trial judge found as fact that the painting was not authentic. Lord Denning held at the Court of Appeal that Mr Leaf might well have asked for damages for breach of a warranty that the painting was a real Constable; however, he did not do so, and his request to amend the pleadings to that effect was denied. What Leaf did ask for was equitable relief under the doctrine of innocent misrepresentation by way of rescission ( i.e. , that he be allowed to return the painting and recover his £85). Leaf's claim was denied on the grounds that five years was too long after the transaction to rescind it. Scholars who discuss the case wrestle with the odd fact that £85 seems an extremely low price to pay for an authentic painting by John Constable, and various ways of responding to this have worked their way into the treatment of the case. However, it turns out that £85 might have been a perfectly reasonable price to pay for particular Constables in 1944. This article explores how assumptions like this perfectly ordinary one about the value of a real Constable in the Leaf case can lead us astray. The 'object lesson in speculation,' which I use the Leaf case to demonstrate, is the trap that legal teachers and scholars often fall into because we do not engage in actual investigation of what happened in law school casebook cases. At the same time, however, such investigation sits uncomfortably with the role and function of cases in the common law, which uses reported appellate cases in a very specific way. This article is an investigation of this problem, approached through the lens of the Leaf case.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.791
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.029
GPT teacher head0.206
Teacher spread0.177 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it