Business Torts and Ethics
Business Torts and Ethics
In this particular case, the intruder is clearly liable for his actions. First, he has gained access to someone else’s property without permission. According to the laws of most jurisdictions, it is illegal to have an unauthorized access to private property. Another wrong that the bugler committed is that of having malicious intent. He gained access to the property and broke into a student’s apartment through breakage of the locks holding the sliding doors in place. Upon being noticed, Sharon, the resident gave an alarm. The caretaker then came to her rescue and together they fought off the criminal. However, the bugler managed to inflict serious injuries on both of them. In this case, he is liable for assault. He used brutal force to attack his victims and caused them harm. Such a criminal should be hunted down and reprimanded. Three counts of criminal activities should thereafter be charged against him. The first charge should be that of trespassing, the second one should be malicious intent, and the third one should be physical assault.
Legal duties and responsibilities to Sharon and Daryl
As the owner of Springfield Arms apartments, I have a number of legal responsibilities to my tenants. It is my duty to ensure that the tenants agree to the terms and conditions of the lease. This agreement helps to avoid most conflicts that might arise between tenants and the property owner. Second, I have a legal responsibility to care for my tenants and the caretaker. In this case, the victims were Daryl- the caretaker, and Sharon- the student. The care is in terms of providing adequate security to both of them. The obligation also involves providing certain goods and services I had listed in the terms and conditions of my lease agreement. They might include, but not limited to water, electricity, and garbage services among others. In the event of injury or loss resulting from external forces, I should either cater for the losses or provide an avenue for them to find justice or compensation the reason being that they are legitimate users of my property and it is my responsibility to comprehensively care for the apartments, their inhabitants, and caretakers.
Potential torts that might arise
Tort laws are rules that offer remedies to people harmed by unreasonable acts caused by others. Tort claims typically involve state laws and base themselves on the legal premise that people are liable to the repercussions of their acts if they result in injury to others (Price, 2009). Some of the potential torts arising from this case are listed below:
Trespass – this is a common law tort committed when a person or his object negligently or intentionally accesses the land of another without permission. The intruder entered the apartment compound without being notices, leave alone gaining permission. Springfield Arms Apartments is a private property under my ownership. Therefore, any access must be granted either by me or by the caretaker.
Breach of duty – Since it is my duty as a responsible apartment owner to provide security. I feel as though I had neglected part of my duty. Had I provided enough security, the incident would not have happened or it would have been less severe.
Damages – Sharon and Daryl sustained serious bodily damage. They got injured while in my property and under my security. For this reason, they have the right to sue me for damages.
Ways of mitigating the risks
I hire qualified security personnel to guard the premise. Furthermore, I would ensure that the guards are adequate in number to enable them deal with complex security issues. For the current case, I would try to settle for a private compensation agreement rather than let the matter proceed to court. This will save me major litigation costs. On the part of damages, I would take social responsibility and cater for all of their medical bills. I will also repair the door at my own cost.
Ethical principles
While businesses aim to meet economic goals, they also bear ethical responsibilities. All individuals from the top management to the bottom of the organizational hierarchy must take precaution to meet these responsibilities. The Josephson Institute is a non-profit organization that develops and delivers materials and services to enhance ethical commitments. In their philosophy, they offer the six pillars of character. They are as follows: Respect, Trustworthiness, Responsibility, Fairness, Caring and Citizenship (Oddo, 2007). In this scenario, responsibility and caring are the most important principles. Daryl and Sharon have both suffered injuries and all they need at the moment is support and care.
Ethical responsibilities
Ethical or social responsibility is an ethical framework that proposes the idea of all entities, be they organizations or individuals have a duty to cater for the benefit of the general society (Carroll, 2001). One action I would take is to install free CCTV cameras to all apartment blocks to enhance security. I would also initiate a neighborhood security watch committee. This organization can then be discussing various safety issues and implement new ideas as times change.
References
Carroll, A. B. (2001). The pyramid of corporate social responsibility: Toward the moral management of organizational stakeholders. Business horizons, 34(4), 39-48.
Oddo, A. R. (2007). A framework for teaching business ethics. Journal of Business Ethics, 16(3), 293-297.
Price, T. (2009). Business torts. In Mastering Business Law (pp. 129-147). Palgrave Macmillan UK.
