APA MANUSCRIPT FORMAT TEMPLATE 2012
Prepare written responses to the following questions and case problems from the Clarkson, Miller & Cross textbook;
1. Question & Case Problem #1-9 parts a-e (p. 27)
a) In the lawsuit in which Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $3 million Arthur Rabe is the Plaintiff and Xavier Sanchez is the Defendant.
b) If Rabe wants Sanchez to perform the contract as promised, the remedy Rabe would be seeking from court would be specific performance.
c) If Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy, he would be seeking the remedy of rescission from the court.
d) The difference between legal and equitable remedies: courts will not grant equitable remedies unless the remedy at law – monetary damages – is inadequate. If a person that is buying land from a seller and the seller breeches the agreement, the person buying the land may sue the seller for the return of any deposits or down payments that might have been paid on the land, but this not the remedy the buyer actually seeks. What the buyer actually seeks is to have the court order the seller to perform the contract. In other words, the buyer wants the court to grant the equitable remedy of specific performance because monetary damages are inadequate in this situation.
e) If the trial court finds in Rabe’s favor and Sanchez appeals the decision to a higher court, Sanchez would be the appellant (petitioner) and Rabe would be the appellee (respondent).
2. Answer the following questions based on the scenario in Question & Case Problem #4-1 (p. 90).
a) Explain the purpose of the Commerce Clause.
Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the
1. Question & Case Problem #1-9 parts a-e (p. 27)
a) In the lawsuit in which Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $3 million Arthur Rabe is the Plaintiff and Xavier Sanchez is the Defendant.
b) If Rabe wants Sanchez to perform the contract as promised, the remedy Rabe would be seeking from court would be specific performance.
c) If Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy, he would be seeking the remedy of rescission from the court.
d) The difference between legal and equitable remedies: courts will not grant equitable remedies unless the remedy at law – monetary damages – is inadequate. If a person that is buying land from a seller and the seller breeches the agreement, the person buying the land may sue the seller for the return of any deposits or down payments that might have been paid on the land, but this not the remedy the buyer actually seeks. What the buyer actually seeks is to have the court order the seller to perform the contract. In other words, the buyer wants the court to grant the equitable remedy of specific performance because monetary damages are inadequate in this situation.
e) If the trial court finds in Rabe’s favor and Sanchez appeals the decision to a higher court, Sanchez would be the appellant (petitioner) and Rabe would be the appellee (respondent).
2. Answer the following questions based on the scenario in Question & Case Problem #4-1 (p. 90).
a) Explain the purpose of the Commerce Clause.
Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the