POD - Week 3 - Class 12

.docx

School

University Of Arizona *

*We aren’t endorsed by this school

Course

502B

Subject

Philosophy

Date

Oct 30, 2023

Type

docx

Pages

1

Uploaded by MasterGullMaster835

In Aquarian Foundation, Inc. v. Shalom House, the court held that the basic premise of public policy rule against unreasonable restraints on alienation is that free alienability of property fosters economic growth and commercial development. The court recognized that in certain cases (e.g., condominium living), it may be desirable to put restrictions on the right to transfer title to the property, but such restrictions should be reasonable under the given circumstances. However, such restraints are invalidated when found to violate external public policy or the constitutional right of the individual. Using Aquarian Foundation, Inc. v. Shalom House as sole precedent, the Florida court would likely invalidate the restraint in this case for one or more of the following reasons: The restraint may be unconstitutional. The restraint invalidates the public policy promoting free alienability by restricting the transfer of property to possibly a large set of population. The restraint is indefinite, capricious and appears to be imposed for spite or malice against “Yankees”. Therefore, it would be hard to argue that the restraint is reasonable. Even from a Restatement perspective, the restraint would be invalidated. Even if the restraint does not alienate all possible alienees, it would likely be deemed unreasonable. The restraint is indefinite, capricious, prohibits a large population and is imposed for spite or malice. It is quite obvious that the curtailment of power of alienation in this case is damaging to the societal values.
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