law pp w3

Running Head: BUSINESS TORTS AND ETHICS 1

BUSINESS TORTS AND ETHICS 2

Business Torts and Ethics

November 8, 2016

LAW/421

Professor Kealin Culbreath

Liability

In my view, the intruder is liable for his actions since he breaks into Sharon’s apartment without her consent. The intruder forcing through the door along with Sharon’s screams point to the fact that he never sorted approval to enter the house. The force from the intruder and the resistance by Sharon and Darryl results to their injury as well as the destruction of the door. The intruder’s action of forcing his way into the apartment with unknown intentions as well as causing harm to Darryl and Sharon is a crime and makes him legally liable for everything that occurred. While Sharon is a victim of the intruder’s actions, the property owner is also a casualty since the house is damaged while the reputation of the facility is at stake and could affect his earnings.

Legal Duties and Responsibilities

The safety of my clients as the owner of the apartment would be something vital according to anyone’s suggestion. However, I am not bound to protect renters and would not be obliged to offer care for Sharon since that duty is not provided in the law. Darryl’s actions are commendable and brave hence need praise for saving Sharon for a man with unknown intentions. On the other hand, the apartment owner does not owe any duty to Daryl since all that he did are not enshrined within the scope of his mandate as a resident manager. Concerning the special relationship, employees represent their boss in an extension of the lack of duty to protect hence Darryl worked outside his obligations.

In such a case as the property owner, I only have the responsibility of fixing all the damaged areas including the glass door and ensure that all things in the apartment are usable. I will have nothing to do with the actions of the intruder and the injuries caused by him since to my knowledge the property was okay with functioning locks and before the break in nothing was reported about damages to the property. Concerning Darryl and the situation at hand, it would have been appropriate to call security authorities and monitor their response to evidence within the courts. Sharon and Darryl could have been victims and witnesses within the courts, and they could have made the work of law enforcers easier.

Potential Torts That Might Arise From This Business Context

According to Ebert & Culyer (2007), torts are broadly categorized into intentional that is purposeful and unintentional ones that are considered as negligence. Some of the impending torts in the current situation include damage to the property by breaking into the apartment and emotional distress to Sharon who could not establish the primary motives of the intruder. Psychological distress could be established to both Daryl and Sharon if both would develop aftereffects like nightmares and headaches. The intruder has trespassed into the property while battery could also be a tort since consent is not sort and a scuffle ensues leading to the injury of both Sharon and Darryl.

There is no breach of duty that could be pointed as a tort while nothing could portray the property owner as negligent since nothing wrong about the property was reported. One could argue that the property owner was negligent since the door lock could easily be broken hence it could have been a poor quality one or defective. However, the issue of negligence is subject to scrutiny and for instance if there was a previous kind of attack then it could highly be supported.

Prevention and Mitigation of Potential Torts

Safety and security are great factors that tenants look out for before settling into an apartment (Thériault et al., 2010). To prevent security threats, the business owner must periodically conduct sweep schedules whereby any possible avenues that would encourage intrusion are checked and repaired. Provision of a security system, for instance, hiring a 24-hour security guard and installing a CCTV camera would be appropriate for covering all the happenings of the surrounding. The placement of such security systems would not guarantee the safety for Sharon and Darryl alone but also other tenants within the property.

Advising tenants to be watchful and maintain security within their apartments through simple actions like ensuring the door is locked, is essential. Although people like leaving their sliding doors open, the time for this action should be limited. The main door should always remain locked even during the day and tenants must have their keys to prevent easy entrance of non-tenants. Anything suspicious or damaged should be reported to the property manager and a follow-up made to ensure that everything is solved. Proper lighting is vital within and around the property for instance within the stairs, and the garage is vital since it deters crime by eliminating areas that could serve as hiding grounds for intruders.

Daryl and Sharon’s Demands

If I were Sharon, I could demand that tenant screening must be a requirement before allowing anyone to rent the apartment since some criminal acts could be coming from neighboring tenants. I would also request for the installation of an alarm system in each apartment although services should be provided in accordance to the tenant’s subscription. Worker safety is essential just like the income from the property, being Daryl, I would ask for communication facilitation so that I can easily report any incidents to the authorities. I would also ask for the hiring of a security guard to prevent me from taking those roles while I would also advocate for meetings among the tenants with the aim of supporting the whole idea of community policing.

Ethical Responsibilities

Laws govern landlord-tenant relationships, but these relations cannot be maintained if everything is based upon government-set rules. Ethics come in to ensure good relations are maintained; the business continues to flourish, and the property owner gains respect for his standards. Although as the property owner, you are not legally responsible for any criminal actions within your property, the feeling that comes for any action to support the victim’s results to ethical responsibility. Priemus (2012) argues that tenants demand a homely environment because the apartment could be their only “home” hence property owners have a role in establishing this environment for them.

Ethical responsibility gives a property owner the urge for protecting my tenants and workers even outside the set regulations (Alakeson, 2011). The first responsibility as the property owner would entail to repair any damaged areas within Sharon’s apartment with her involvement to ensure everything fitted assures her of safety. For Darryl, I would offer him a paid two weeks off to allow him to recover emotionally and psychologically. I would also be glad to pay for all medical expenses for both of them if their insurance scheme does not cater for it. Offering moral support through the legal process would be significant.

References

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Alakeson, V. (2011). Making a Rented House a Home: Housing solutions for ‘generation rent’. Resolution Foundation.

Ebert, E. S., & Culyer, R. C. (2007). School: An introduction to education. Belmont, OH: Thomson Wadsworth.

Priemus, H. (2012). Managing social housing. The sage handbook of housing studies, 461-483.

Thériault, L., Leclerc, A., Wisniewski, A. E., Chouinard, O., & Martin, G. (2010). "Not Just an Apartment Building": Residents' Quality of Life in a Social Housing Co- operative. Canadian journal of nonprofit and social economy research, 1(1), 82.

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