Business Law II

12. Kenneth and Mary Norpel purchased a house, and Kenneth attached a 35-foot flagpole to it. He did not obtain the permission of the architectural committee of the Stone Hill Community Association. This consent was required by a restrictive covenant to which the Norpel house was subject. The association objected to the flagpole from which Norpel then flew the American flag. The association brought an action to compel the removal of the pole. Norpel claimed that as a combat veteran of World War Il, he had a constitutionally protected right to fly the American flag. Can he be compelled to remove the flagpole?

7. A tenant leased an apartment in which so much noise emanated from surrounding apartments late at night and in the wee hours of the morning that he could not get much sleep. The tenant brought suit against the landlord, alleging that the landlord had breached the implied warranty of habitability. Is the tenant correct? Can noise be a breach of the warranty of habitability? [Nostrand Gardens Co-op v. Howard, 634 N.Y.S.2d 5051

13. Green rented an apartment from Stockton Realty. The three-story building had a washroom and clothesline on the roof for use by the tenants. The clothesline ran very near the skylight, and there was no guard rail between the clothesline and the skylight. Green's friend, who was 14 years old, was helping Green remove clothes from the line when she tripped on an object and fell against the skylight. The glass was too weak to support her weight, and she fell to the floor below, sustaining serious injuries. Is the landlord responsible for damages for the injury sustained? Decide. [Reiman v. Moore, 180 P2d 452 (Cal.)]