The Contract Law Relief Of Haunted House Sale Dispute

The term "haunted house" originates from the folk.People not only turn the houses that have died into "haunted houses",but also classify some houses which are bad "geomantic omen" or are rumored to be haunted.Nowadays,there are more and more lawsuits related to the "haunted houses".The reasons are as follows: firstly,the basic needs of the people are to have a house to live in,and almost every household wants to buy a house;secondly,the growing population and the accelerating population flow,resulting in the growing demand for housing;thirdly,the favor of property investment is to use the idle money in the hands of real estate investment.Fourth,it is out of people's long-standing customs and the instinct to avoid evil and seek good fortune.Fifth,people's awareness of legal protection is growing and they have chosen legal means to seek relief.Despite the increasing number of lawsuits related to "haunted house",there is no clear explanation for these problems in our law.In practice,because of the enormous workload of judges,they want to have a relatively uniform criteria or rules as far as possible for reference to alleviate their work pressure without doubt.In addition,as the spirit of the rule of law has gradually penetrated into the hearts of the people,more and more parties will solve disputes through legal means,but because the partiesdo not understand the law,so hope to choose their own remedies through some reference,based on the above two reasons,this paper came into being.In this paper,four chapters will be used to analyze in detail the ways of relief of contract law in the disputes of murderous house transactions.In the first chapter,we draw the three problems that the parties and the court need to solve in the lawsuit of the contract for the sale of evil houses,which are "what is the haunted house","what remedies the buyer can request" and "the relationship between the various remedies and the advantages and disadvantages".The second chapter of this paper will analyze the problem of "what is a haunted house".Through the definition and analysis of "haunted" and "house",it is concluded that "murderous house" is the nearest house to the place where the abnormal death happened,which is unacceptable to the social evaluation.The third chapter of this paper will elaborate on four remedies available to the buyer in the disputes over the sale of murderous houses: the buyer may request the court to cancel the contract for the sale of houses concluded due to fraud or major misunderstanding,or the seller may be required to bear the contracting fault liability for intentional failure to inform the seller of information,or the seller may "deliver the subject matter that does not meet the quality requirements".Material "rescinds the contract or assumes the liability of warranty for defects.This chapter will introduce in detail the way of revocable contract,the way of contracting fault liability,the way of statutory rescission,the constituent elements of the way of defective guarantee liability and the corresponding legal effect.In the last chapter,we will compare the different ways,clarify the relationship between them,and draw the conclusion that the different ways belong to the concurrence of claims.In addition,we will compare the different relief ways from the four perspectives of the duration of protection,the scope of damages,the buyer's attitude towards continuing the contract and the difficulty of the burden of proof,and draw the following conclusions.First of all,from the perspective of the protection period,the order from short to long is: the right to form a request for revocation due to major misunderstanding;theright to form a request for revocation due to fraud;the right to claim damages in four ways;the right to form a statutory revocation;and the right to form a price reduction.Secondly,from the point of view of the scope of compensation for damages,the ways of revocable contracts and the scope of compensation for damages of contracting negligence liability include trust interests and inherent interests.The scope of damages for statutory relief and defect guarantee liability includes not only trust interests and inherent interests,but also performance interests and protection of performance interests.It can be seen from the above that the protection scope of the latter two ways is larger than that of the former two ways.Thirdly,from the buyer's attitude towards continuing the contract,the way of revocable contract directly revokes the contract,which is regarded as invalid from the beginning.The way of legal rescission eliminates the unfulfilled debts.The fulfilled debts do not disappear,but new repayment debts appear.Although the effect is different,the two ways are suitable for those buyers who do not want to continue the housing sales contract.However,the way of contracting negligence and the way of guaranteeing liability for defects do not make the contract cancelled or terminated.Buyers who are willing to continue the contract can choose these two ways.Fourthly,as far as the stage of each approach is concerned,the way of revocable contract and the way of remedy for contracting negligence are the contracting stage of the house sale contract.That is to say,as long as there are revocable reasons in the contracting process or the seller fails to fulfill the obligation of informing the information of the house,the buyer can take the above two approaches.In other words,as long as the seller delivers the villainous house without the buyer's knowledge,the buyer can take these two ways.Finally,as far as the difficulty of burden of proof is concerned,the contents of proof in the ways of revocable contract,contracting fault and defective guarantee hardly involve the measurement of interests.They are all proof of objective facts,such as whether the seller has carried out the corresponding acts,the causal relationship between the acts and the results,etc.The legal rescission should not only prove the objective facts,but also prove the purchase of the house.The purpose of thesale contract can not be realized,which gives the court the freedom to consider the interests.Therefore,in summary,the burden of proof in the legal way of rescission is more difficult than in the way of defective guarantee liability,contracting negligence liability and revocable contract.In addition,we also analyze the impact of the time of abnormal death on relief options.Through the above comparison and analysis,the author puts forward corresponding suggestions,which can provide some reference for the parties to choose their own relief ways.