Font Size: a A A

The Research On The Best Remedy Approach In Contract Law For The Buyer Of The Haunted House

Posted on:2015-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:H M WangFull Text:PDF
GTID:2296330452467210Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the house price in Chinese is very high. Thesecond-hand houses which price is relatively much lower than the normalhouses are popular with the house buyers. With the substantial increase inthe amount of second-hand housing transaction, a large numbers ofsecond-hand housing transaction disputes appeared. In many cities, afterthe buyer purchased the contract, the buyer heard that the house hadoccurred in a non-normal deaths, the buyer made a request to the sellerfor compensation, the appearance in second-hand housing transactionshave taken place. Through in-depth study, authors found that, there isn’tlegal normative documents for dealing with such cases, scholars have notyet formed a unified point of view, the same types of cases lack uniformstandards ruling, lack case guidance, over-reliance on the court case thejudge’s discretion, often appear with a huge difference on" to support theclaim" and "dismissed the claims", which resulting in unfairness litigationin the eyes of the public, but also put the buyers into a legal remedydifficulties. This article interprets the large number of haunted transaction disputesjudgment. In the first part of this article, the author refines "Haunted House"buyer’s common law remedies aim, and summarizes the "Haunted House"buyer in contract law common Remedy manifestations. In the second part ofthis article, the author analyzes the advantages and disadvantages of these legalremedies for buyer to revoke the contract, claim the contract is null and void,terminate contract, claim contracting negligence, to protect their own interestswith the Culpa under each contract law.The author classifies the jurisprudence to explained by reasons forjudgment, analysis combined with legal theory to study the pros and cons ofeach approach way, explores the best legal remedies the for "Haunted House"buyer under contract law. In the third part of this article, the author believes thatentering the contract due to fraud claims can be revoked is the best way of relieffor "Haunted House" buyer, and conduct a legal justification.
Keywords/Search Tags:haunted house, revoke, null and void, terminate contract, contracting negligence
PDF Full Text Request
Related items