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Business Torts and Ethics

Business Torts and Ethics


Garret Feagins
ETH/321
08/31/2016
Craig Parker

Business Torts and Ethics

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Business Torts and Ethics

The case regarding University Heights Apartments tenant and resident manager, Sharon
and Darryl, is severely lacking in detail. In order to justify liability of the intruder, many facts of
the pre-existing situation would need to be brought to light. Legal responsibilities of University
Heights Apartments owner will need defining facts for or against negligence on the owners
behalf. Future preventative measures can be taken to reduce risk of similar situations.
Intruder Liability
For the sake of argument, several facts will be assumed to determine intruder
responsibility. The first assumption made will be the intruder was not invited onto the property
by the plaintiff. After this assumption we can afford the responsibility to the intruder on the
premise of trespassing. The intruder entered the owners land without consent.
The intruder is also assumed to have brought onto the premises the object in which cut both
Sharon and Darryl. With this assumption, intent is applied to the defendants following torts;
assault and battery, and intentional infliction of mental distress. Due to the physical injuries
received by the plaintiffs, it can be determined the intruder had intentionally touched both Sharon
and Darryl with the object that inflicted the cuts resulting in battery. Raising the object prior to
impact would also constitute assault. According to the Common Law World Review, With
respect to the tort of battery, for instance, the required intention is an intention to touch a
person, not an intention to touch a person who has not consented. Beever,A.(2011). The
action without consent brings on criminal charges, in addition to torts. Additionally, the
defendant placing themselves inside the dwelling of Sharon, uninvited and armed, would justify
Sharons mental distress.
Owner Legal Responsibility

Business Torts and Ethics

AsownerofUniversityHeightsApartmentsIdohavelegalresponsibilitiestoboth
SharonandDarryl.Whethertherewasanybreachofresponsibilityinthissituationisdebatable.
Sharonmaybeabletomakeaclaimofnegligenceonmybehalf.Iwouldberesponsiblefor
maintainingherdwelling,whichincludesthelockanddoorbreachedinthissituation.Ifthereis
reasonableevidencethatIwasnegligentinmaintainthislock,Imaybeguiltyofnegligence.I
dontbelieveawillfulandwantonnegligencecanbeproveninthissituation,however,ifthere
arerecordsofSharonrequestingthelockordoorberepairedthatwentunansweredforsome
time,willfulandwantonnegligencemaybeappropriateinthiscase.Referencetoacasemade
againstapropertyownerregardinginjuryduetoafaultinadeckresultedinthispassagefrom
MercerLawReview;The court noted that the deck and railing in question were built by a
previous property owner ten years prior to [the owner]s purchase of the property and that the
county inspected the improvement soon after its construction. There was no evidence by which
[the owner] could be said to have superior knowledge of the deck railings allegedly dangerous
condition.Griffeth,P.C.,Morris,C.V.,&Breault,C.R.(2015). Imayalsobeabletodefend
negligenceifIcanproveanydamagetothelockisSharonsfault.Placingcontributory
negligenceinmyfavor,orevencomparativenegligenceshouldSharonhavebeenawareofany
issueswiththedoorlockandnotsoughtsupportfrommeforproperrepairs.
Ethical Responsibilities
The owner of any business has ethical responsibilities to all of its patrons and employees. In
this case, as the owner of University Heights apartments, I believe my ethical responsibility
to Sharon, a tenant, is to provide reasonable security and functioning doors and locks.
Additionally, if I am aware of crime in the vicinity of my property I should inform and
provide additional means of security, within reason, to protect my tenants. Providing a safe

Business Torts and Ethics

environment is not only my job but my ethical responsibility. Darryl, a tenant and
employee, desires a safe work environment with processes and procedures for possible
harmful situations. Ethically, I should educate my employees on how to respond to various
situations, possible in this environment. As a resident manager, Darryl must conduct himself
as a representative of University Heights Apartments, and as owner, I should ensure his
competence in performing his duties. Evaluating the characteristics of this specific
situation, I would assume training was not performed in accordance with how I believe
Darryl should have responded. Darryl entered Sharons dwelling without any indication of
being invited. There was not mention of Darryl contacting authorities prior to engaging in
the situation. If Darryl was trained and acted against policy, there is a separate matter;
however, if Darryl was not properly trained I would have done to Darryl a grave injustice.
Ethical responsibilities may also be altered within a persons moral compass. According to
the ethical development levels presented in, Ethical Behavior and Social Responsibility in
Business, each person is ethically developed based on individual morality. The levels
defined are; pre-conventional morality, conventional morality, and post-conventional
morality. Having a more post-conventional morality will allow assessment of ethics not
only inside the confines of law but outside as well. Regardless of legality, is an action
moral? Given this idealism, ethical conduct may differ depending on ones ethical
development level. Militaru, G., & Serbanica, D. (2005).
Prevention and Mitigation
Firstly, as mentioned above, all employees should be trained properly in handling
situations involving criminal activity on University Heights Apartments property. Additionally,
security patrol, cameras and access gates would effectively prevent and mitigate future intruders

Business Torts and Ethics

from accessing tenant quarters. Lighting improvements can be made, illuminating the
surrounding areas around housing areas could be a deterrent for intruders during evening hours.
In this specific situation, research on the lock that was breached could lead to identifying
improvements on locking mechanisms to be utilized in future installations.
Conclusion
Utilizing the information provided and making reasonable assumptions on details
surrounding the event, I conclude the intruder is overall responsible for most damages incurred.
As the owner, I may be found responsible for negligence in the area of property upkeep and
maintenance. Sharon and Darryl, I believe may be immune to any conviction or torts involving
this situation. Overall, the reality is none of the resulting injuries would have occurred, had there
been no intruder. Thus, my personal opinion is this intruder is solely responsible for all results.

Business Torts and Ethics

References
Reed, O.L., Pagnattaro, M.A., Cahoy, D.R., Shedd, P.J., & Morehead, J.W.(2013). The Legal and
Regulatory Environment of Business. Retrieved from The University of Phoenix eBook
Collection database.

Griffeth, P. C., Morris, C. V., & Breault, C. R. (2015). Torts. Mercer Law Review, 67(1), 237256.

Tort. (2016). In Encyclopdia Britannica. Retrieved from


http://academic.eb.com.contentproxy.phoenix.edu/levels/collegiate/article/108696

Beever, A. (2011). The Form of Liability in the Torts of Trespass. Common Law World Review,
40(4), 378-399. doi:10.1350/clwr.2011.40.4.0228

Militaru, G., & Serbanica, D. (2005). ETHICAL BEHAVIOR AND SOCIAL


RESPONSIBILITY IN BUSINESS. Paper presented at the 19-24. Retrieved from
http://search.proquest.com/docview/1711125481?accountid=35812

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