COB 218 Test 1 Questions with Correct Answers

COB 218 Test 1 Questions with Correct Answers 1-2 In this lawsuit, who is the plaintiff, and who is the defendant? - Answer-Arthur Rabe is the plaintiff. Xavier Sanchez is the defendant. Defendant - Answer-one against whom the lawsuit is brought Plaintiff - Answer-initiator of the lawsuit 1-2 If Rabe wants Sanchez to perform the contract as promised, what remedy should Rabe seek? - Answer-injuction, specific performance, rescission (remedy at equity) Injunction - Answer-directing a party to do or refrain from doing a particular act Specific performance - Answer-an order to perform what was promised Rescission - Answer-returning the parties to the positions that they held prior to the contract's formation Compensatory damages - Answer-cancellation of work before contract has ended Punitive damages - Answer-failure to complete all work by a deadline 1-2 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? - Answer-remedy at equity 1-2 On appeal, which party will be the appellant and which party will be the appellee? - Answer-appellant - Sanchez appellee - Rabe Appellant - Answer-petitioner Appellee - Answer-respondent