The Legal Remedies For Disputes In The Transaction Of "Haunted House"

A "Haunted House" is a house where unnatural deaths, such as suicide, murder and other major abnormal events happened. Disputes in the transaction of "Haunted House" is the trade dispute that caused by the seller who conceals the message that the subject-house is a "Haunted House". No relevant provisions for such kind of disputes in our current legislation is available, which leads to the situation of court judges into a confusion. This paper will tidy up the confusion from the angle of law and theory, and choose an advisable legal way for the disputes in the transaction of "Haunted House".The first part of the paper describes the disputes in the transaction of "Haunted House". A "Haunted House" is a house where unnatural deaths, such as suicide, murder and other major abnormal events happened. It must have the objectivity, abnormal sexual and psychological fear characteristics. The phenomenon of shunning of "Haunted House" is a reflection of the folk-custom, to which a positive attitude should be hold. Hiding back the truth that the house is a "Haunted House" violates the requirement of folk-custom, which offends social public interests.The second part of the paper tidies up the existing legal remedies for the disputes in the transaction of "Haunted House" through the analysis of existing judicial cases. At present there are two major paths, one is dealing with the tort law for the damages of property and the spiritual damage; another is dealing with contract law from the angle of contract being invalid, or contract being valid, or contract may be revoke.The third part of the paper discusses the legal ways for the disputes in the transaction of "Haunted House" further. It discusses the possibility of dealing with the tort law, especially the necessity and feasibility of the protection of the right to know the buyer enjoyed in the transaction. But in actual judicial practice, offering the buyer the way of defect liability of the agreement and contract responsibility, with the right of cancellation of the contract,or terminating the contract, or reducing the price will be a more effective way.