Question: Assume that John Smith is suing Jane Doe for breaching a contract in which Doe promised to sell Smith a painting by Vincent Van Gogh for $30 million.
Using the information presented in the chapter, answer the following questions:
1. In this lawsuit, who is the plaintiff and who is the defendant?
2. Suppose that Smith wants Doe to perform the contract as promised. What remedy would Smith seek from the court in this situation?
3. Will the remedy Smith seeks in question 2 be a remedy at law or a remedy in equity? Be sure to discuss why you answered as you did.
4. Suppose Smith wants to cancel the contract because Doe fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. What remedy would Smith seek from the court in this situation?
5. Suppose that the trial court finds in Smith's favor. Doe then appeals the decision to a higher court. On appeal, which party will be the appellant, and which party will be the appellee?