Seller Be Ware – Valuable Banksy Mural Inadvertently Sold For Only $174

A valuable Banksy mural entitled the Bomb Damage that appeared on the front door wreckage of a home that was bombed in the Gaza Strip is at the center of an ownership dispute. According to reports, the work, which depicts Niobe, a Greek goddess who weeps for her dead offspring, was painted by Banksy during a visit the reclusive British artist/graffiti master made to the Gaza Strip in February.

Not knowing the value of Banksy's work, Rabie Darduna, the owner of the home, now only rubble, inadvertently sold the door to Bilal Khaled for a purchase price of only $174. It is reported that Khaled is a graffiti artist who has admitted to having knowledge of Banksy. Upon learning of the enormous value that Banksy works bring, Darduna, the original owner, has now filed a suit against Khaled seeking the return of the work. As a result of the suit, Palestinian officials have confiscated the door. Both parties maintain that they are the true owner of the work.

Although details of the claims have not been reported, if contract law as it applies in the United States governs, it appears from the information available, that Darduna could argue that he is the rightful owner of the Banksy because of a unilateral mistake. Although generally unilateral mistake is not a grounds to rescind a contract, under general principals of contract law, a contract based on unilateral mistake can be rescinded "if the other party knows or has reason to know of the unilateral mistake, and the mistake, as well as the actual intent of the parties is clearly shown...." See e.g. Lanci v. Metropolitan Ins. Co., 564 A.2d 972, 974 (Pa. Super. Ct. 1989); see also Lapio v. Robbins, 729 A.2d 1229, 1234 (Pa. Super. Ct. 1999). Under this circumstance, "the mistaken party may void the contract if the mistake is...