Brief Cases

BRIEF CASES 1

BriefCases

InstitutionAffiliation

Securitiesand Exchange Commission 1 v. W.J. Howey Co. 328 U.S. 293 (1946)

This was a case at the Supreme Court regarding the eligibility ofland sales and service contracts. The defendants, in this instance,were W. J. Howey Co. and Howey-in-the-Hills Service, Inc. The twowere corporations that had been established under the laws of Stateof Florida. According to the Supreme Court of the United States, anoffer of land sales as well as service contracts was to be regardedas an investment contract. The definition was to be based on theSecurities Act of 193315 U.S.C. § 77.

Blackett v.Olanoff 371 Mass. 714, 355 N.E.2d 817 (1977), and Kelo v. City of NewLondon 545 U.S. 469 (2005).

This case involved a landlord who had leased out his property to atenant. The latter ran a lounge within the property even though itwas a residential property. According to the lease agreement, thenoise levels were to be maintained such that they would not disturbothers. However, despite the tenant’s violation of the terms, thelandlord did nothing to correct the situation. The main issue hererelated to whether the owner should be held liable in cases where oneof the tenants violates the privacy of others within the sameproperty. The court ruled that indeed the landlord had an obligationto ensure that the noise levels in the lounge did not affect theother tenants.

Under the Eminent Domain principle, the government has the right topossess private property for the sake of public use (Acemoglu &ampRobinson, 2012). However, some specific rules and processes should befollowed by the government before taking over the property. Theremust be negotiations between the administrators and the owner of theownership.

References

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Acemoglu, D., &ampRobinson, J. A. (2012).&nbspWhy nations fail: The origins ofpower, prosperity, and poverty. London: Profile Books.

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