Business Torts and Ethics

Published: 2019-09-16 08:00:00
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Laws in their simplest form are used to safeguard parties from one another (Lucadou & Bourke, 2015). For example, laws protect the exploitation of customers by companies. Laws protect corporations from corporations. Laws safeguard companies and citizens from regimes. However, the laws are neither impeccable nor incorporating. Societal ethics sometimes does fill the void that the laws leave behind (Watnick, 2016). In the example of the University height apartments whereby the intruder breaks in, there are many safety and legal mechanisms that can be followed. The essay, therefore, seeks to illustrate the ethical and legal responsibilities of Darryl and Sharon, intruders liability and also ways of mitigating such risks.

Trespassing of someone's property is a crime punishable by law (Issa & Wolf, 2015). On the night of the attack, the intruder was never invited by Sharon but just entered her apartment by sliding the glass door on the first floor without permission. Without the invitation, the intruder was, therefore, trespassing thus committing his first crime. The intruder consequently used his weapon stabbing not only Sharon but also Darryl the resident manager as well. At this point, the intruders actions are considered as battery and assault. The intruder is liable and solely responsible for all the injuries sustained by Sharon and the resident manager. A civil suit against the intruder can be filled for the intentional torts he committed to Sharon and Darryl. The offense is a battery with intent to cause injury (Palmer & IGI, 2015). The intruder can also be charged with the offense of assault if Sharon and Darryl had foreseen the battery before its occurrence. Had the intruder not broken into the apartments, the injuries sustained by Darryl and Sharon could not have occurred.

Being the owner of the University Heights Apartment, I would legally be held responsible in the case whereby the intruder had entered the door that was unable to lock properly. According to Watnick (2016) the property management has no duty in protecting the tenants and therefore, as the property owner, am not liable for the injuries sustained by Sharon. It is of utmost importance for the residents to check, read and understand the responsibilities of the landlord in the case of the occurrence of the burglary. Even though, Darryl is employed as the resident manager, the duties that she provided, in this case, fall outside the scope of her job description. The actions of Darryl are real admirable and heroic. However, as the property owner, am not legally liable for the injuries sustained by Darryl as her actions fall beyond the scope of the duties of the resident manager. The appropriate measures that Darryl would have taken were to call the proper authorities responsible for such crimes and make a report regarding the incident. All that would have allowed the police officers to respond appropriately and document the happenings of the offence.

Darryl being my resident manager and Sharon being my tenant, I am ethically responsible for what happened to them. As a landlord, am obliged to know whether my tenants are staying happily and comfortable in my apartment as I do solely gain from Sharons rent payout. Taking Sharon to the hospital and helping her offset some of her medical bills can be my ethical responsibility. In the case of Darryl, I do gain from the services that she does provide to me, and therefore, I owe her moral responsibility in the case of any occurrence within the business premises. Without her, no one could otherwise be present to provide such services. Catering for Darryls hospital bill and sometimes extending a helping hand to her family in the case she cant anymore may be my ethical responsibility.

There is the need to educate the population on the punishment that comes with the crimes they do commit to preventing the occurrence of such crimes (Francis & Murfey, 2016). Personally, I will ensure that the rules regarding any crime committed in the vicinity of my apartment are engrossed on the wall. For tenants, I will issue a contract indicating the roles and responsibilities of both me as landlord and the tenants. More so, I will ensure that the locks both of the windows and the doors are in a good state to ensure the safety of my tenants properties. Providing a fence surrounding the compound being guarded by the watchman and wiring the building with the CCTV Surveillance will also be of greater importance.

References

Francis, R. D., & Murfey, G. (2016). Global Business Ethics : Responsible Decision Making in an International Context. London: Kogan Page.

Issa, T., & Wolf, R. (2015). International Business Ethics and Growth Opportunities. Hershey, PA: Business Science Reference.

Lucadou-Wells, R., & Bourke, J. F. (2015). Teaching Business Law: Some Ethical Dimensions from Australia. Procedia - Social And Behavioral Sciences, 209(The 3rd International Conference "EDUCATION, REFLECTION, DEVELOPMENT", 3th - 4th July, 2015), 102-108.

Palmer, D. E., & IGI, G. (2015). Handbook of Research on Business Ethics and Corporate Responsibilities. Hershey, Pennsylvania [701 E. Chocolate Avenue, Hershey, Pa., 17033, USA]: IGI Global.

Watnick, V. J. (2016). The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement. Boston College Environmental Affairs Law Review, 4345.

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