Sunday, December 20, 2009

Stambovsky v. Ackley- (Supreme Court, Appellate Division, First Department of New York, 1991)

Pagao, an Ewok formerly of the Dark Moss village was moving into a new part of the forest moon Endor, Bright Tree Village, and had purchased a lovely treehouse at an affordable price. After moving in, however, strange things began to occur. Pagao would often see distressing paranormal occurances such as moving rocks, sticks and other small items within the house. At times, Pagao could swear that he felt the presence of other individuals, even when he was entirely sure he was alone; and at times he was sure he heard voices in a non-Ewok language, including one speaking in a dialect that sounded like a distant cousin of his Fa-zee of the Mu-pat Tribe.

Upon an inquiry with the local shaman, Logray, Pagao discovered that his new house was haunted by three spirits of fallen Jedi warriors, Skywalker, Kenobi and Yoda! Further, the entire village knew of the haunted nature of Pagao's new house, and was a in fact a local legend (much like the visit of Shiny God). Pagao, knowing that such spirits were portents of disaster (following the apocalypse of other tribes as debris for the Second Death Star rained down at high speeds upon the moon), wished to rescind his purchase and the seller refused.

Pagao found justice within a newly formed New Republic Court, which stated that the Galactic common law rule of "caveat emptor" (let the buyer beware) no longer applied, and that since the law arises from facts (also known as the principle of "ex facto jus oritur"), as a matter of equity, the Ewok buyer could have the contract rescinded, and be freed from having to live with the three Jedi spirits. The court noted that the seller's omission of the spirits presence in negotiating as an issue of concealment, as well as delivering a house filled with the spirits of the deceased violated both the warranty deed signed by seller.

However, the most noted part of this opinion was the humor of the Judicial Arbiter, who made repeated puns, and at one point remarked candidly about his opinion of the Ewok people.

*Seriously, though, do yourself a favor and check out this opinion on your own. It's hilarious.

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