Business Torts and Ethics Paper
Introduction
The element of tort and ethics is applicable in the case. Ethical responsibility anywhere is very vital in ensuring the well-being of individuals. In business, it is important for the investor always to provide due care to the consumer. This is possible if the investor act ethically in everything he does. The case involving both Darryl and Sharon indicates the failure to comply with ethical responsibility as well as the issue of trespass by the intruder.
Q1 Answer
The intruder is liable for the misfortune he caused to both Darryl and Sharon. The liability of the intruder takes two perspectives. First, the intruder is liable for what he did because he causes injury to two people as he was trying to commit a crime. Although the intruder’s mission is not known his act, clearly show that he wanted to commit a crime within the premises. The act was an intentional tort against the two which amounts to both battery and assault. The battery is subject to this incident because the intruder used force to injure both Darryl and Sharon. On the other hand, the assault in this incident arises when the intruder intentionally injures the two (Cooke, 2007).
The second perspective under which the intruder is liable for his acts is the issue of trespassing. Under the law of tort, the intruder is liable for trespass on other person’s property. Trespassing on other person’s property is an illegal act that is forbidden by law provisions. In a court case, the intruder can be found to be guilty of trespassing and use of excessive energy to cause harm to others. The intruder’s act of entering other people premises without any permission raises a question on what intent. It is criminal intent to trespass other people premise and start causing problems to the tenants. Therefore, the intruder needs to compensate the two for the injury he caused. Besides, the intruder needs to be jailed for trespassing on the other people property without any permission (Rovati, 2007).
Q2 Answer
I have legal responsibilities to Sharon and Darryl as the landlord of the premises. It is my legal responsibility to provide a safe environment for the tenants who live in my premises. It is my responsibility to fix the sliding door that was forced by the intruder. It is within my mandate to ensure repairs and maintenance of the premise when notified. In this circumstance am vanished with the information following the incident.
Besides, I have the responsibility to ensure that the tenants within the premises are safe. The fact that the intruder found his way inside the premise it indicates the failure in providing enough security for the premise such as providing a lockable gate. The intruder entered the premises without any objection anywhere to Sharon’s apartment. This is the failure in my responsibility in ensuring that there are proper security measures to enhance security (DiMauro & Grant, 2006).
It is my ethical responsibility to offer support to both Sharon and Darryl based on the incident at hand. It is my responsibility to give the two moral supports to help them overcome that tragedy. Ethically, I have the duty to meet the hospital bills of my manager because he sustained an injury in the workplace. On another hand, I have the duty to fix the sliding glass door for the injured Sharon (Godsey, 1981).
Q4 Answer
I would consider employing a security officer to guard the premise. The security officer will be placed at the gate to monitor the movement of people in and out of the gate. I would give the security officer the mandate to inspect those people who are tenants and want to enter the premise and are not part of the tenants in the apartments. One measure would be to ask such people to provide whoever they want to see after which the security officer would call the tenant or manager and enquire about the visit. Besides, the security officer would need to hold the identity card, such people, until they leave the apartment.
On the other hand, I would install security cameras in the entire premise to help the officer security monitor all the activities taking place inside the premise. The security officer during his monitoring would need to identify any abnormal action happening within the premise and act accordingly. Also, I would link the premise with the police officers through a mobile line. The security officer will need to call the police in case he identifies anything abnormal during his monitoring.
Finally, I would hold a meeting with my tenants to discuss issues affecting their safety while in the premise. I would inform them of the responsibility they have over their safety within the apartments. I would request them always to uphold to the policies put in place to ensure that they stay comfortable in the apartment. Furthermore, I will ensure that they understand the need for reporting issues that occur to avoid injuries.
Conclusion
There is a great need to enhance the safe environment in the premise. As the landlord of the premise I have the duty of care to my tenants. Therefore, comply with the ethics is one way of ensuring efficiency in everywhere.
References
Cooke, P. (2007). Law of tort. Harlow: Longman.
DiMauro, L., & Grant, T. (2006). Ethics. Detroit: Greenhaven Press.
Godsey, J. D. (1981). Ethical Responsibility.
Rovati, V. K. (2002). Obligations: The law of tort. London: Old Bailey.
