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Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1133273561Business Law Today 10th Edition by Roger LeRoy Miller
Edition 10ISBN: 978-1133273561 Exercise 2
Remedies.
Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $150,000.
1. In this lawsuit, who is the plaintiff, and who is the defendant?
2. If Rabe wants Sanchez to perform the contract as promised, what remedy should Rabe seek?
3. Suppose that Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. In this situation, what remedy should Rabe seek?
4. Will the remedy Rabe seeks in either situation be a remedy at law or a remedy in equity?
5. Suppose that the court finds in Rabe's favor and grants one of these remedies. Sanchez then appeals the decision to a higher court. Read through the subsection entitled "Parties to Lawsuits" in the appendix following this chapter. On appeal, which party in the Rabe-Sanchez case will be the appellant (or petitioner), and which party will be the appellee (or respondent)? 1-3
Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $150,000.
1. In this lawsuit, who is the plaintiff, and who is the defendant?
2. If Rabe wants Sanchez to perform the contract as promised, what remedy should Rabe seek?
3. Suppose that Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. In this situation, what remedy should Rabe seek?
4. Will the remedy Rabe seeks in either situation be a remedy at law or a remedy in equity?
5. Suppose that the court finds in Rabe's favor and grants one of these remedies. Sanchez then appeals the decision to a higher court. Read through the subsection entitled "Parties to Lawsuits" in the appendix following this chapter. On appeal, which party in the Rabe-Sanchez case will be the appellant (or petitioner), and which party will be the appellee (or respondent)? 1-3
Explanation
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Verified
(a)
Plaintiff is the one who files the lawsuit while defendant is the one against whom the lawsuit is filed. In this lawsuit buyer is the plaintiff and seller is the defendant.
(b)
The buyer should seek specific perform ance remedy.
Specific performance involves an order by the court to perform the contract as promised. Since buyer wants the seller to perform the contract, he is seeking for specific performance.
(c)
The buyer wants to cancel the contract because the seller fraudulently misrepresented the coy of the good as original.
In order to cancel the contract the buyer should seek rescission. Cancelling the contract makes the parties return to their positions they held before contract.
(d)
The remedies that the buyer seeks in (b) and (c) are remedies in equity.
Remedies in equity involve the judgement by the court ordering the party which has committed wrongful act to do or not to do things that will compensate the damage or loss suffered by the other party.
(e)
The party that appeals the decision to a higher court is the appellant or petitioner, while the party against which the appeal is drawn is called the appellee or respondent.
In the appeal filed by the seller, the seller is the appellant (or petitioner) and the buyer is the appellee (or respondent).
Plaintiff is the one who files the lawsuit while defendant is the one against whom the lawsuit is filed. In this lawsuit buyer is the plaintiff and seller is the defendant.
(b)
The buyer should seek specific perform ance remedy.
Specific performance involves an order by the court to perform the contract as promised. Since buyer wants the seller to perform the contract, he is seeking for specific performance.
(c)
The buyer wants to cancel the contract because the seller fraudulently misrepresented the coy of the good as original.
In order to cancel the contract the buyer should seek rescission. Cancelling the contract makes the parties return to their positions they held before contract.
(d)
The remedies that the buyer seeks in (b) and (c) are remedies in equity.
Remedies in equity involve the judgement by the court ordering the party which has committed wrongful act to do or not to do things that will compensate the damage or loss suffered by the other party.
(e)
The party that appeals the decision to a higher court is the appellant or petitioner, while the party against which the appeal is drawn is called the appellee or respondent.
In the appeal filed by the seller, the seller is the appellant (or petitioner) and the buyer is the appellee (or respondent).
Business Law Today 10th Edition by Roger LeRoy Miller
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