Business Torts and Ethics
Q1 Answer
The intruder is liable for the damage caused in the premise to both Sharon and Darryl. Firstly, the forceful entry into the premises led to the premises by the intruder injured both Sharon and Darryl as they were trying to control the matter. This can be taken as a criminal act on the side of the intruder and is illegal in the eyes of the law. Although there is no clear understanding what the intruder wanted in the premises, his acts that led to the injury of the residents clearly indicate that the intruder was out to commit a crime. Besides, taking the tort law into consideration, there is an element of both assault and battery in the incident. The use of force by the intruder to push the Sharon’s door cause injury to both Sharon and Darryl amounts to a battery. On the other hand, the international act by the intruder of injuring the residents amounts to assault (Geistfeld, 2008).
Besides, this act also amounts to trespass of property as provided by the tort law. The intruder entered the premises without any permission from any quarter. This makes his liable for trespassing other person’s property which is an illegal act. If the issue is discussed in the court of law, then the intruder can be charged for both trespassings as well as using excessive force to cause injury to others without any apparent reason. The intruder’s act of entering the property without any consent raises concern on what was his real intent. Therefore, the intruder needs to take his liability and compensate both Darryl and Sharon for the injury caused (Fernando, 2012).
Q2 Answer
As the owner of the premises, I have a legal responsibility to offer to both Darryl and Sharon. Legally, I am responsible for ensuring that the tenants leave in a safe environment and enjoy the resources available on the premises comfortably without any disturbance. As a result, I am responsible for ensuring that the sliding door forced by the intruder is fixed because it was not beyond the manager’s and the tenant’s control. Fixing the door is among my mandates as the landlord in the premises if sufficient information regarding its damage is provided.
Also, it is my responsibility to provide a secure environment for the tenants in the premises. The intrusion to the premise by the intruder without any notice clearly indicates that there are weak security measures for protecting the tenants. As a result, I feel obliged to come up with proper security measures such as the use of the CCTV cameras to monitor any security threat taking place on the premises.
Ethically, I have the responsibility of offering moral support to the manager and the tenant to help them in overcoming their injuries. In such a scenario I have the duty to ensure that the two get medical attention and also strive to ensure that measures are taken to ensure that Sharon and the manager are comfortable in the facility. Also, I have the responsibility of ensuring that the intruder who caused the injury is brought to justice (MacIntyre, 2008).
Q4 Answer
I would consider talking with all the tenants and the manager in the premises to ensure that we come with a policy which dictates the people who should enter the premises. During the talks, I would make the tenants understand that security is a collective responsibility of both the tenants and the landlord, and each should be committed to ensuring that that the premises is always secure. I would also encourage the tenants and any worker in the premise to foster unity so as to defeat any intruder who comes their way (Grace & Cohen, 1995).
Secondly, I would consider hiring two security officers to man the gate 24/7. The security officers would have the power to question any person who visits the premises and is not a tenant in the facility. The security officer will also have the power to dismiss any visitor who fails to adhere to the provisions of the facility. This is to mean that the visitors will have to vanish the security officers with enough information of where they are going and for what intent is not forgetting their identity card numbers. The security officers would also ask for the consent of the tenant before allowing the visitor to enter the apartment. Such security measures will ensure that the tenants are secure from intruders.
Finally, I would consider installing alarms on the doors of each apartment as well as in the gate. Besides, I would also install security cameras in all the corners of the apartment to ensure that any anomaly occurring in the premise is monitored closely. Furthermore, I would connect the apartment with security agencies such a police via the use of mobile communications. This is to mean that I would notify the police officers to consider any communication from the premises and act accordingly in times of danger. All the tenants will have the hot number to communicate any insecurity incident that occurs in the premises thus promoting a safe environment for all.
References
Fernando, E. Q. (2012). Business law and ethics. Manila, Philippines: Published & distributed by Rex Book Store.
Geistfeld, M. (2008). Tort law. Austin: Wolters Kluwer Law & Business.
Grace, D., & Cohen, S. (1995). Business ethics. Australia: Oxford University Press.
MacIntyre, E. (2008). Business law. Harlow, England: Pearson Longman.
