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 fi nds in Rabe’s favor and grants one of these remedies. Sanchez then appeals the decision to a higher court. Read through the subsection entitled “Appellants and Appellees” 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)?