Question

Assume that Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a painting by Vincent Van Gogh for $30 million.

A) In this lawsuit, who is the plaintiff and who is the defendant?

B) Suppose that Rabe wants Sanchez to perform the contract as promised. What remedy would Rabe seek from the court?

C) Now 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. What remedy would Rabe seek?

D) Will the remedy Rabe seeks in either situation be a remedy at law or a remedy in equity? What is the difference between legal and equitable remedies?

E) Suppose that the trial court finds in Rabe's favor and grants one of these remedies. Sanchez then appeals the decision to a higher court. On appeal, which party will be the appellant (or petitioner), and which party will be the appellee (or respondent)?

Answer 1

Arthur Rabe is the plaintiff, and Xavier Sanchez is the defendant. Rabe would seek specific performance or rescission, both equity remedies, depending on whether he wants the contract fulfilled or canceled. If Sanchez appeals a trial court's decision in Rabe's favor, Sanchez is the appellant, and Rabe is the appellee.

Step-by-step explanation:

In the lawsuit where Arthur Rabe is suing Xavier Sanchez over the breach of a contract to sell a painting, Arthur Rabe is the plaintiff because he is the one bringing the case, and Xavier Sanchez is the defendant because he is the one being accused of breaching that contract.

If Rabe wants Sanchez to perform the contract as promised, he would seek a specific performance as his remedy, which is an order from the court compelling Sanchez to sell the painting as per the contract. On the other hand, if Rabe wants to cancel the contract due to fraudulent misrepresentation, he would seek rescission as the remedy, which would effectively annul the contractual agreement.

Both specific performance and rescission are considered to be remedies in equity. A remedy in equity is one that is granted when strict laws do not provide a sufficient remedy to an injured party, and it involves the court ordering someone to do something (specific performance) or to undo something (rescission). In contrast, a remedy at law usually involves a monetary compensation for damages.

Suppose the trial court finds in favor of Rabe. If Sanchez appeals the decision, then Xavier Sanchez would be the appellant (or petitioner), as he is the party initiating the appeal. Arthur Rabe would be the appellee (or respondent), as he is the party responding to the appeal.