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Session Laws, 1975
Volume 716, Page 581   View pdf image
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MARVIN MANDEL, Governor

581

is consistent with the intent of §181(d) and
does not constitute any change of substance.

Subsection (b) of this section is new language
which combines, without substantive change,
the first sentence of each of Art. 83, §§
179(b) and 180(b). The term "lacks knowledge"
is substituted for "disclaims knowledge" for
purposes of clarity, since not everyone who
"disclaims" knowledge necessarily does so
without the knowledge disclaimed. The present
phrase "so that the purchaser is able to
judge..." is deleted as non—sequential since a
bold disclaimer would certainly not be a true
aid to the purchaser in judging the
"uniqueness or scarcity" of the print.

The only other changes are in style.

14-505. REMEDIES.

(A)   RETURN OF PURCHASE PRICE.

A PERSON WHO SELLS A FINE PRINT   IN VIOLATION OF THIS

SUBTITLE IS LIABLE TO THE PURCHASER,     ON TENDER BY THE

PURCHASER OF THE PRINT, FOR ITS    PURCHASE PRICE, WITH

INTEREST FROM THE DATE OF PAYMENT OF  THE PURCHASE PRICE.

(B)   TREBLE DAMAGES.

A PERSON WHO SELLS A FINE PRINT IN WILLFULL
VIOLATION OF THIS SUBTITLE IS LIABLE TO THE PURCHASER, ON
TENDER BY THE PURCHASER OF THE PRINT, FOR AN AMOUNT EQUAL
TO THREE TIMES THE SUM OF THE PURCHASE PRICE AND INTEREST
FROM THE DATE OF PAYMENT OF THE PURCHASE PRICE.

(C) LIMITATION OF ACTION.

AN ACTION MAY NOT BE MAINTAINED UNDER THIS SECTION
UNLESS BROUGHT WITHIN ONE YEAR AFTER DISCOVERY OF THE
VIOLATION ON WHICH IT IS BASED AND, IN NO EVENT, MORE
THAN THREE YEARS AFTER THE PRINT WAS SOLD.

REVISOR'S NOTE: This section presently appears as
Art. 83, §182.

References to "offers" to sell a fine print
are deleted since the reference to a
"purchase," as well as the return of the
"purchase price" presupposes an actual sale
and not merely an offer. No change in
substance results since, even if the print
were offered for sale in violation of this
subtitle and then sold, it necessarily results

 

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Session Laws, 1975
Volume 716, Page 581   View pdf image
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