Fairness and Reasonableness

Reasonability applies to the condition that interventions that have an effect on a reasonable decision are sufficient or justified. In legal scenarios, the principle of deference requires judges to rule on the basis of the evidence presented in the case (Freckelton, 2013). Fairness also refers to the moral character of a situation which influences the decision on a case. The Caveat Emptor principle also helps to describe circumstances in which property purchasers must search history prior to paying for a real estate (Christensen, Duncan, & Stickley, 2007). The Stambovsky vs. Ackley case revealed that the seller disclosed the information about the property only in the local media (Gordon & Da Cunha, 2006). The information was not accessible to the buyer before the purchase; hence a restitution is required.

Therefore it is reasonable and fair to state that the seller had committed a crime of not informing the client before receiving payments. Caveat Emptor is a concept that requires the buyer to do a comprehensive search on the state of a product before buying which was done by Ackley. The seller performed the obligation by notifying potential buyers of the haunted nature of the house through a local media which was not accessible to the buyer. Unfortunately, despite the seller being aware that the buyer was not a resident or from surrounding neighborhood, he sold the house without explaining the main reason for selling. It could have been fair and reasonable to inform Ackley that the house might be attacked by poltergeists to allow the client to make an informed choice. Therefore it is within the law for Stambovsky to refund the buyer due to the failure of disclosure of full information concerning the property on sale. This will be a reasonable and fair judgment for both parties as the seller appears to have sold a haunted house deliberately and an aware person.


Christensen, S., Duncan, B., & Stickley, A. (2007). Evaluating Information Disclosure to Buyers of Real Estate-Useful or Merely Adding to the Confusion and Expense. Queensland U. Tech. L. & Just. J., 7, 148.

Freckelton, A. (2013, July). The concept of’deference’in judicial review of administrative decisions in Australia [Series of parts]: Part 1. In AIAL Forum (No. 73, p. 52). Australian Institute of Administrative Law.

Gordon, M., & Da Cunha, D. (2006). Caveat Emptor in the Purchase of New York Real Estate. Retrieved 2017, from https://www.kattenlaw.com/files/18500_Caveat_Emptor_in_the_Purchase.pdf

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