Showing posts with label Real Estate. Show all posts
Showing posts with label Real Estate. Show all posts

Sunday, January 17, 2010

Kannavos v. Annino- (Supreme Judicial Court of Massachusetts, 1969)

Ackbar in preparation of leaving Dac to represent the Calamarian Council in negotiations with the Empire, was planning on selling his home. He released a series of announcements over the com-scan network advertising his house as being in first class condition and perfect for first-time house owners, and was eventually able to find ready, willing and able buyers, a young Quarren couple looking to start a family.

As the couple toured the house with Ackbar, their Mon Cal Realtor agent close behind them, the owners inquired as to the condition of the house's structural integrity and foundation. Almost without thinking, Ackbar let slip "It's a tra--traditional style home." Ackbar was about to say that the house was a trap, knowing full well that the house's foundation was on the verge of collapse having been built on unstable structures just above the ocean. The Quarren couple, relying on Ackbar's reputation and statements purchased the house, and as predicted, shortly after Ackbar left Dac, the house collapsed.

While no-one was killed in the incident, the Quarren couple sued Ackbar for making an untrue representation, as by making a statement regarding the house, Ackbar had a duty to be full and forward with his statements regarding the house. While it was true that the buyers could have found out by inquiries with the city council, the fact that Ackbar made these falsified assertions made this distinct from case precedent. The Mon Cal Council found for the couple, not only because of the rationale, but also due to Ackbar not showing up for the court date, as he had been enslaved by the Empire.

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.

Sunday, November 22, 2009

Jacob & Youngs v. Kent- (Court of Appeals of New York, 1921)

Shortly after the completed construction of the Emperor's new dreamhouse/battlestation, the Death Star, the Emperor along with Vader were inspecting the many features of the exterior of the space station when they stumbled upon what looked to be a thermal exhaust shaft within the equatorial trench of the Death Star.

The two called in the station's designer, Bevel Lemelisk, and pointed out to that within the contracts for him to design and construct the Death Star, there was a specific clause that stated "all thermal exhaust vents must be subject to approval by the Emperor, any thermal exhaust vents built without approval will be rejected and is to be immediately torn down, removed and remade or replaced in accordance with the official drawings and specifications, whenever discovered..."

Lemelisk refused, stating that "It's not a big deal. What possible harm could come from something like this? It's the size of a womp rat." The Emperor refused to pay him, and Lemelisk proceeded to file suit. At trial, the Emperor attempted to defend himself by pointing out the clause, but the Imperial Court refused (which lead to several force electrocutions, chokes and further electrocutions to certain Imperial Justices), stating that the cost of the substantial performance of removing or replacing the intricate duct-work that made the thermal exhaust ports lead straight to the reactive core of the Death Star would be grossly out of proportion to the good attained, and that the Emperor could recover only for the functional difference between a Death Star without such thermal exhaust ports.

The Emperor proceeded to execute Lemelisk following the trial, cloned him, and then executed him again. His rage that day was palpable.

Sunday, November 15, 2009

Swinton v. Whitinsville Sav. Bank- (Supreme Judicial Court of Massachusetts, 1942)

Tricky Aadj-Duck Jun sells a summer home to Admiral Ackbar on the newly freed planet Endor. Aadj-Duck Jun knows there to be one clan of Ewoks hiding out in the attic and another camping in the shrubbery surrounding the house. However, he purposely withholds this information from the unsuspecting Admiral, the latter being understandably more shrewd in matters of space warfare than in real estate. Months later, Admiral Ackbar discovers the Ewoks while investigating the mystery of his beloved cat's disappearance. When he sues Aadj-Duck Jun, he loses. This is because there is no liability for bear nondisclosure.

Contributed by Charlie Gokey

Wednesday, October 28, 2009

Lucy v. Zehmer- (Supreme Court of Appeals of Virginia, 1954)

Lando Calrissian operated a classy restaurant on Corellia before he became the classy administrator of the classiest Cloud City on Bespin. Han Solo, a friend of Lando's who was severely lacking class and hoping to obtain some, came to Lando's restaurant just before close one night and offered to buy Lando's classiest vessel, the Millenium Falcon. Han had discussed this matter with Lando many times before, and each time Lando had politely but sternly assured his "good buddy" that the Falcon simply was not for sale.

This night, Han brought with him a large box of "space wine" and the two began to drink and once again discuss the terms under which Han might buy the Falcon. Han claimed that he could pay 50,000 Imperial Credits cash that he had just saved up from several smuggling jobs via the Kessel Run. Lando said that for 50,000 he'd accept (believing his "good buddy" to be lying and wishing to call his bluff) and sell the Falcon to Han. In an attempt to force Han to admit he didn't have the credits, he even wrote out a contract of sale on the back of one of the restaurant's receipt, and signed it. Han then grabbed the receipt and offered Lando 5 credits down payment to seal the deal. Lando declined, still thinking that Han didn't have the credits. Han then proceeded to get Chewbacca to help him get the rest of the funding together.

When Han came to Lando a week later with the "contract" and the 50,000 credits, Lando refused to convey the start up code to the Falcon, stating that he had been "joking" and that he had never intended to sell the Falcon, that it had all been a joke. Han sued for specific performance, and the court granted, stating that it would have been impossible for Han or anyone else (who wasn't a telepath) to know that Lando was joking from his outward appearance. Lando claimed in court that he was very drunk from the space wine, but the court was not convinced, knowing full well that Lando was a man who could handle his liquors.