Warning

Info

LSDefine

Simple English definitions for legal terms

Stambovsky v. Ackley

Read a random definition: essential job functions

A quick definition of Stambovsky v. Ackley:

In Stambovsky v. Ackley, a man bought a house that he later found out was believed to be haunted. The seller had promoted the house's ghostly reputation in the press and the buyer was not aware of it. The court ruled that the seller had created a reputational condition that impacted the value of the property and the deal between the buyer and seller. The buyer was allowed to rescind the contract and recover his down payment because the seller had not disclosed the information about the house's reputation, which was unlikely to be discovered by a prudent purchaser exercising due care. The court found that the seller owed a duty to the buyer to disclose the information and that enforcement of the contract would be offensive to the court's sense of equity.

A more thorough explanation:

Definition: A legal case in which the buyer of a house was allowed to rescind the contract and recover their down payment because the seller had created a reputation that the house was haunted by ghosts, which impacted the value and resale potential of the property.

Example: Mr. Stambovsky bought a house from Ms. Ackley, but later found out that the house was reputed to be haunted by ghosts. Ms. Ackley had promoted the ghostly reputation of the house in the media. Mr. Stambovsky was not aware of this reputation and had no way of discovering it through a reasonable inspection of the property. The court allowed Mr. Stambovsky to rescind the contract and recover his down payment because the ghostly reputation of the house impacted the value and resale potential of the property, and was created by the seller.

Explanation: The case illustrates the principle that a seller cannot create a reputational condition about a property that materially impairs its value and resale potential, and then fail to disclose it to the buyer. If the reputational condition is peculiarly within the knowledge of the seller and unlikely to be discovered by a prudent purchaser exercising due care, then nondisclosure of such information constitutes a basis for rescission as a matter of equity. The case also shows that the caveat emptor doctrine, which requires the buyer to exercise due care in assessing the fitness and value of the purchased property, does not apply when the seller has created a reputational condition that is unlikely to be discovered through a reasonable inspection of the property.

stakeholder | Standard and Poor’s 500 (S&P 500)

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: -1 👎
Help us make LSD better!
Tell us what's important to you
18:49
my dad went to duke law so i have been a fan forever
18:49
Duke is fun. I took a trip there when I was 19 or so. Really good time when I was a young rapscallion.
18:49
and ik i just dont think i gave myself enough time for a guaranteed 170+ performance
18:49
I didnt see if anyone answered my UGA question. Did anyone answer it?
18:53
@Dkkm11: are you not still a young rapscallion?
19:00
Nah, I am gray-bearded wizard.
19:02
Hmmm. I guess that’s okay.
19:03
Honestly, idk what I would call myself these days. Will probably not know until I can reflect on this part of my life which will be idk, in like 5 years when I am 32.
19:06
Does your life come in 5 year epochs typically?
19:06
Someone told me a while ago that I was probably molested as a kid because I don’t really have any clear memories of my childhood. But I don’t think I was.
1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
therapist slander detected
1a2b3c4d26z
20:37
Anyone got any polymarket locks
1a2b3c4d26z
20:37
Is anyone in here cool like fr cool
1a2b3c4d26z
20:37
Like watch college football cool
1a2b3c4d26z
20:37
Or like
1a2b3c4d26z
20:38
Frat
LSD+ is ad-free, with DMs, discounts, case briefs & more.