Monday, April 24, 2023
OCU Contracts Course Ghost Tour of Oklahoma City!
This year, for the first time, I taught the famous haunted house case, Stambovsky v. Ackley, as part of my unit on duties of disclosure. The case annoys me, but perhaps it has some value. I find it hard to respect a court that found that an "as is" clause is inapplicable because it applies only to physical matters and not to "paranormal phenomena." I find it equally implausible to hold that the seller failed to deliver "the premises 'vacant' in accordance with her obligation under the provisions of the contract rider," because the house was "haunted." As the dissent wisely cautioned, "The existence of a poltergeist is no more binding upon the defendants than it is upon this court."
My student Ariana Quirino disagreed with me on the materiality of ghosts. Indeed, she has personal experiences of ghosts in the Law School itself! In order to get beyond this friendly disagreement, we decided to undertake a joint venture, a ghost tour of Oklahoma City, led by local expert Jeff Provine. The results are memorialized below:
We actually had a better turnout than the picture reflects, but some of us had to leave early, as the tour started pretty late. I was among the early casualties, but somehow my being continued to haunt the students.
https://lawprofessors.typepad.com/contractsprof_blog/2023/04/ocu-contracts-course-ghost-tour-of-oklahoma-city.html