Justify The Legal Remedies In Contract Law For Buyer Of The China's Haunted House

Because the legislation in our country do not make regulations on the Haunted House which happened abnormal death and scholars have different views on this issue,the buyers do not know how to deal with the disputes over haunted house and the Courts make different judgments.Therefore,this paper aims to analyze the cases of haunted house by means of empirical research and literature research and define what is the Haunted House,even put forward the best remedy method for the haunted house buyer.This text is divided into four parts.In the first part,the author analysis the general situation of the cases of haunted house and quote a typical case to propose problems and disputes about the Haunted House.The author also discuss what is haunted House.Haunted House in Chinese legal terms means a house that buyers may shun for some reasons such as murder,suicide,homicide and other human factors caused by human abnormal deaths.The reasons took place within 10 years and the houses have not been rebuilt.In the second part,the author analyzes the existing relief routes and contentious issues.Buyers can relief their rights and interests according to the contract law and the Tort law.They may request for the sale contract to be affirmed invalid or cancel the sale contract or request the seller to take responsibility for breach of contract.The main controversial issue is taboo haunted house whether belongs to superstition or folk customs,and whether the sellers have the obligation to inform the buyers or not.The author thinks psychology that taboo haunted house belongs to folk custom,the buyers should be protected by law.According to the principle of honesty and credit,the sellers has a duty to tell the buyers the house is stigmatized.In the third part,the author discusses the problems about relief methods.The main problem of the relief according to the principle of order and order custom is taboo haunted house should not belong to a kind of good customs.The unconscionability should not be the first reason to cancel the contract if the buyers can accord to other revocable cause.The dispute about the haunted house should be judged according to the contract law not the tort law.In the fourth part,the author discusses the legal remedies in Contract Law for the buyer,including the deception,gross misunderstanding,the liability for warranty against defects and contracting fault liability in the cases of China's haunted house.The buyers can file a lawsuit according to fraud when the sellers do know the house is stigmatized.When the buyers also have fault,he can claim cancel the sale contract because gross misunderstanding.The price of the Haunted House is lower then the normal house and the buyers may not live comfortably in it,so the Haunted House should belong to the material flaw.When the contract is not set up or revoked,the seller may have the liability for the fault of contracting.