Free Essay

Business Torts Paper

In: Business and Management

Submitted By Northcott1992
Words 841
Pages 4
Business Torts and Ethics Paper

ETH/321

October 5, 2015

Mauri Hawkins

Business Torts and Ethics Paper

Generally speaking, an intruder who invades other people’s premises is considered to have surrendered their rights. This means that the occupants have a right to defend themselves through whatever means they consider to be ‘reasonable force’. At times, the use of deadly force is justifiable, especially when the intruder causes (or is even believed to have the intention to cause) bodily harm. The bottom-line is that the owners/occupants of the premises in question are allowed to do anything within their power, as long as their actions are not grossly disproportionate (Clarke, 2012; Medsger, 2014).

It is relatively easy to argue the case against the intruder. In this case, the intruder is evidently liable for the harm and the loss incurred. In most of the states and even internationally, the law regard the people defending themselves as potential witnesses, and not as potential offenders. Sharon and Darryl acted reasonably, and this would still have been the argument bad they knocked this burglar out cold. Nonetheless, it would be wrong to, say, stick a knife or even continue hitting the intruder after he has obviously been neutralized. The intruder is liable, and Sharon and Darryl are potential witnesses (Sennewald & Christman, 2011).

Landlord’s Responsibility

In most of the states, the landlords are required to protect the tenants as much as possible. The tenants are supposed to be protected from thieves, assailants, as well as from the criminal acts committed by fellow tenants. Additionally, the landlords have to ensure that the neighborhoods are protected from the illegal activities committed by their tenants (Mawby, 2013). This means that the landlords should report, or at least expel, tenants who engage in such acts as burglary and drug dealing. The legal codes defining these responsibilities are anchored on the various court decisions, ordinances, statutes, as well as building codes (Medsger, 2014).

The tenants may actually sue their landlords for the injuries suffered during the incidences of burglary. In some instances, the jury awards and settlements range from one hundred thousand dollars to one million dollars. The awards and settlements are highest in instances where similar crimes are proved to have occurred at some point in the past. The fact that this is the first incident means that the landlord may not have to pay huge settlements (Sennewald & Christman, 2011).

Ethical Responsibility

Although the landlord may not be legally obliged to pay huge settlements, they have an ethical responsibility to ensure that the medical and any other bills incurred by Sharon and Darryl are reimbursed. It may not be anyone’s fault, but of course it is assumed that the landlord should have installed superior security systems. For instance, the landlords may be expected to install burglars’ alarm beforehand (Clarke, 2012; Finch & Fafinski, 2012).

In addition to the various forms of reimbursements, the landlords are supposed to ensure that the tenants and workers are updated with the new developments/enhancements. This is meant to make them reduce anxiety and feel safe; and, of course, enable them to continue with their lives as normally as possible. The tenants and the employees should not have to worry more than is ordinarily necessary (Medsger, 2014).

Mitigating the Risk

Many stakeholders ignore the importance of engaging their tenants and workers while making security enhancements. Nonetheless, this is a mistake since these are the parties on the ground, and the people who understand the areas which need enhancements. This is especially the case in situations where the landlord happens to be living at a different property, meaning that he visits the business premise on a few occasions and during day-time when there are a lot of interruptions (Finch & Fafinski, 2012).

The landlord should involve the tenants and the resident manager as much as possible. The landlord should then find a way of contracting a security firm so that the experts can identify the weak points and have the enhancements made as soon as possible. The tenants should share their views so as to enhance the acceptability of the improvements being made (Medsger, 2014; Sennewald & Christman, 2011).

Sliding glass doors look appearing, but they may also appear to be weak and easy to knock-down. The landlord should consider installing steel doors, security cameras, as well as burglar’s alarms. Wherever possible, the landlord should also consider installing motion-sensing security-lights. Of course, no strategy facilitates 100% security, but the tenants and everyone involved would feel more secured if they realize and see that unprecedented enhancements have been made (Mawby, 2013).

References

Clarke, T.H. (2012). Coping with burglary: Research perspectives on policy. Berlin, Heidelberg: Springer Science & Business Media

Finch, E., & Fafinski, S. (2012). Criminology skills. Oxford, UK: OUP Oxford

Mawby, R. (2013). Burglary. London: Routledge

Medsger, B. (2014). The burglary: The discovery of J. Edgar Hoover's Secret FBI. New York, New York: Knopf Doubleday Publishing Group

Sennewald, C.A., & Christman, J.H. (2011). Retail crime, security, and loss prevention: An encyclopedic reference. Waltham, Massachusetts: Butte

Similar Documents

Premium Essay

Mgt 5620 - Legal, Ethical, and Social Values of Business- Torts Paper

...teacher in the classroom and the principal. While teaching her classroom of ten children, the principal enters the room and tells the teacher that her husband was involved in an accident and was at the hospital in critical condition. The teacher leaves her classroom to go to the hospital. When she arrives at the hospital, however, she finds that her husband was not there, and after calling his cell phone, the teacher finds that her husband is safe and sound at home. It turns out that the principal had lied to the teacher because he was mad that she had rejected his advances for a date. In these facts, the teacher may have a claim against the principal for any emotional distress she may have suffered as a result of the principal lying. In torts, there are two types of claims that can be asserted for emotional distress: (1) intentional infliction of emotional distress; and (2) negligent infliction of emotional distress. A claim for negligent infliction of emotional distress is similar to intentional infliction of emotional distress, but only requires showing of negligence rather than intent. A cause of action for negligent infliction of emotional distress consists of (1) a duty of care owed by the defendant to the plaintiff, (2) breach of that duty by the defendant resulting in severe emotional suffering and (3) actual and proximate causation of severe emotional distress. The key aspect for a claim in negligent infliction of emotional distress is that physical injury or illness is...

Words: 2526 - Pages: 11

Premium Essay

Foodmart Inc Paper

...Synopsis of Tort Cases Paper Introduction Monica Bertrand The purpose of this paper will be for Team B to analysis two scenarios and decide what tort actions were found in the two scenarios that we chose. The scenario’s that were chosen by team B is scenario two and four. Within this paper we will discuss what tort actions were found in each scenario, and decide who are the plaintiffs, and defendants. In this paper we will discuss the elements of the tort claim and how it constitutes the plaintiff’s claim and how it can be resolved. My portion for team paper bullets one through three Monica Bertrand In scenario two the setting is in an Italian restaurant where the owner will be sued for negligence. The tort action for starters would be negligence. Tort is a word that means wrong done, that an individual has committed knowingly or not or by strict liability. The plaintiff has a right to monetary gain for damages inflicted while the tort was committed. According to Cheese man 2010, “Tort laws provide remedial compensation for damages. Segment of tort laws includes intentional torts against persons, negligence found under unintentional torts, special negligence doctrines for professionals, and strict liability and product liability for manufacturers”. Within scenario two Anna along with the old lady and the customers that were trying to leave the restaurant are the plaintiff’s. Anna can sue the restaurant owner for negligence, because glass was found in her...

Words: 422 - Pages: 2

Free Essay

Bus311 All Dqs Assignments and Quizzes

...Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week...

Words: 822 - Pages: 4

Premium Essay

Business Law Term Paper Topics

...Business Law Term Paper Topics Posted on March 6, 2012 by EssayShark Students find term paper writing a boring and challenging task. The most complicated part of the writing process is choosing the best one among good business law term paper topics. Luckily, the business law sphere is full of different topics and ideas. Business topics include the formation of a company, employee and commerce relations, regulations of insurance. Once you narrow down the topic, you find there is a lot of information on it. Business Law Term Paper Topics on Contract Law The contract business law sphere can be broken down into different categories, so the writer’s choices are quite varied. It is possible to write about breach of contract and its peculiarities. You can include as a part of your paper the case of Sondra Locke and Warner Brothers. Business Law Term Paper Topics on Tort Law Tort law is one more field of business law, including a lot of subcategories, for example: Falls and slips at work. Accidents because of work vehicles. Noisy and polluted working places. The level of care of the workers. One of the bright example of business tort law is a case of Ford Motor Company and Grimshaw. Business Law Term Paper Topics on Intellectual Property Law It is one of the most common law areas nowadays, although it was non-existent several decades ago. Students adore such business law term paper topics, such as trade secrets, trademark infringement and laws on copyrights. There...

Words: 381 - Pages: 2

Premium Essay

Legal Business

...and tort liability. 2. Compare appropriate punishment for corporations that commit crimes with appropriate punishment for persons who commit crimes that harm businesses. 3. Apply consumer protection law to a business situation. Introduction This week focuses on study of torts, criminal law, and consumer protection law (specifically, product liability). These are each different substantive areas of law that are relevant to business and business persons. Students will distinguish between criminal law and torts, including negligence and intentional torts. Students will also compare the differences between corporations that commit crimes and persons who commit crimes that harm businesses, and they will take a position regarding which presents the greatest threat to civil society, using current events to support their positions. In addition, students will also consider product liability arising from poorly regulated imports, and the impact of potential liability on U.S. companies. Students will also consider product recalls as a preemptory measure to mitigation liability. Students will identify and discuss the elements of negligence and a consumer protection statute. By the end of Week Two, students should understand the difference between crimes and torts, between negligence and intentional torts, and how the issue of product liability impacts businesses and consumers. Required Resources Required Text 1. Please read the following chapters in: Business Law...

Words: 924 - Pages: 4

Premium Essay

Tort

...Torts Shapo (2003) stated "A tort is a civil wrong in the sense that it is committed against an individual (which includes legal entities such as companies) rather than the state. The gist of tort law is that a person has certain interests which are protected by law. These interests can be protected by a court awarding a sum of money, known as damages, for infringe- ment of a protected interest. Alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something" (p.1). This paper will give two scenarios of two different torts. The first tort will be Breach of Fiduciary Duty. The paper will also show how Breach of Fiduciary Duty can be avoided and how the situation could have been avoided. The second tort will be Injurious Falsehood. This paper will also show how Injurious Falsehood can be avoided and how the situation could have been avoided. Breach of Fiduciary Duty Corporation A files for bankruptcy. The directors of the corporation recommend what seems to be a good restructuring plan. The plan relies on maintaining the current business contracts for the success of the corporation. The reconstruction was formulated under false pretenses. After authorization of the plan, the directors of the corporation proceed to reroute the business contracts that would have permitted Corporation A to effectively reorganize to Corporation B. Corporation B is completely owned by the directors of Corporation A. Because of the...

Words: 679 - Pages: 3

Premium Essay

Bug Inc

...Abstract This paper will identify the various degrees of legal protection BUG must acquire for its intellectual property. Explanation of intentional conflict of law that may affect potential civil liability of Steve and WIRETAP will be discussed along with additional legal issues that may also affect BUG. The six different issues will reveal several torts violated and damages that may be awarded from BUG. Introduction The purpose of this paper is to explain specific, hypothetical scenarios dealing with several legal issues. Bug Inc. electronic products are assembled in foreign countries, currently the products are only distributed in U.S. mainly for the use in surveillance. BUG Inc. is planning to expand the electronic device distribution to international markets. Team C has provided detailed answers and feedback to the six scenarios and different types of legal protections BUG must have for its intellectual property, employment laws, international laws, imprisonment rights, internet law, responsibilities, and manufacturing problems associated with the company’s business dealing in domestic and international courts. These protections are elemental strategic plans allowing the organization to minimize any risks in the international distribution. The Trade Secrets Act has been adopted by many states to protect company’s trade secrets or intellectual property. BUG’s company as designer and manufacturer of electronic devices and own software is protected under the law...

Words: 1980 - Pages: 8

Free Essay

Regulatory Plan Paper

...,2 Recognizing and Minimizing Tort Paper Jorge A Cuellar University of Phoenix LAW/531 Business Law November 08, 2010 Loi-Natalie Laing, Esq. Recognizing and Minimizing Tort Paper Alumina Inc. is a company that makes aluminum automotive components and manufacturers all packaging materials like bauxite mining, alumina refining, and aluminum smelting. The company uses some chemicals that are necessary for the process and these chemicals contain and produce carcinogen effluents that can affect the environment and the people’s health in certain ways. The company is locating near to a lake and a small town, therefore the environmental regulations are very strictly in order to prevent any type of contamination that could affect the wildlife and the people surrounding the company. It is necessary to implement an operational system that will control and minimize the impact of the company’s waste toward the environment. The purpose of this paper is to recognize and minimize tort and regulatory risk plan for a company such as Alumina Inc. and explain how regulatory risks may be identified and managed through preventive, detective, and corrective measures. This plan has to be implemented according to the process and the technology employs within the company, in order to be efficiently and at the same time comply with the purpose of protecting the environment and meet the governmental regulations. Tort law imposes a duty on persons and businesses agents to prevent intentional...

Words: 1155 - Pages: 5

Premium Essay

Business Law

...product that you just purchased failed to have the proper warning label? Better yet, has the design or the manufactured parts of the product somehow become defective? These questions are just some of the legal issues that will be presented within this paper. In addition, the legal principles that apply to each of the issues will be discussed. Product Liability is the type of law that holds manufacturers, distributors, suppliers, retailers, and others involved with the product reponsible “for any damage caused by that product (Products Liability Law). This paper will contain important factors about the Product Liability video. For example, Potential tort risks that were addressed within the video will be identified. In addition, a tort violation from the video will be identified. This, in turn, will provide the 7-step process to be applied to the risk management process to mitigate the business risk associated with that violation. Lastly, the criterion in determining if it is an appropriate situation to involve legal counsel in regards to the breach of warranty occurrence will be evaluated. Potential Tort Risks First of all, there are several potential tort risks that are addressed within the Product Liability video. Tort law basically protects individuals from various enterprises and other parties from injuring the innocent either recklessly or negligently. For example, the video explains how the product quality was not represented properly. The company is at fault...

Words: 1247 - Pages: 5

Premium Essay

Enterprise Risk Management

...9 March 2013 ERM PAPER: ASSIGNMENT 2: Identify potential tort risks that were addressed the simulation .Classify the type of each of these torts, such as negligence, strict liability, and so on. Identify a tort violation from the simulation. Then use the 7- step process as defined in the Harb article to apply the risk management to mitigate the business risk associated with that violation. The business regulation simulation presented involves Alumina Inc. aluminum maker, operating in 8 countries. Alumina was reported to be in violation of environmental discharge norms in a routine EPA compliance evaluation inspection 5 years ago. The company corrected the violation and has enjoyed overall environmental regulation compliance record. This paper will identify potential torts resulting from this violation and utilizing the 7 Step Process. Torts: Negligence: The Company failed to follow the environmental discharge. Another tort that would have resulted in litigation would be liability with Alumina, Inc. The managers trying to handle the situation may decide to test for further PAH violations. With a liability tort management should seek some kind of mediation for damages toward the Bates family through AAA (American Arbitration Association). Harb Process: 1. Management Commitment- Risk Management effectiveness: The Company (ALUMINA) must commit in developing and managing the ERM process. Promoting and integrating the benefits of ERM can be beneficial to Alumina as first step...

Words: 688 - Pages: 3

Free Essay

Business Torts and Ethics

...Business Torts and Ethics With the actions of businesses being more prominent in the eyes of the public more than ever before, it is crucial that businesses remain credible. Remaining credible requires businesses to uphold four of the major types of corporate responsibility- economic, ethical, philanthropic, and legal (Scilly, 2016). In order to simply survive as a business, a company’s legal duties must remain their top priority. With such a large variety of possible violations, companies are left with a plethora of reasons to take precaution to avoid civil and criminal liability. Companies can do so by complying with the law (Pagnattaro, Cahoy, Magid, Reed, & Sheed, 2016, p. 7). This week in Contemporary Business Law, the class was given a scenario regarding a property management business dealing with a legal issue. This paper will describe the scenario, define the company’s legal obligations, differentiate among some of the potential torts that might arise from this business context, discuss ways to prevent the risk of the potential torts, lastly apply and evaluate the ethical principles and responsibilities of the business. The Scenario “Springfield Arms Apartments is a business that rents primarily to students.  One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon's screams attract the attention of Darryl, your resident manager, who comes to Sharon's aid. Together, Darryl and...

Words: 1190 - Pages: 5

Premium Essay

Enterprise Risk Management

...ERM Paper LAW/531 ERM Paper The business regulation simulation presented involves Alumina Inc., a United States based aluminum manufacturing corporation located on the fringes of Lake Dira. Alumina was discovered to be in violation of environmental discharge norms following a routine EPA compliance evaluation inspection five years ago. The company subsequently corrected this violation and has since enjoyed a good overall environmental compliance record. This paper will identify potential tort risks resulting from this violation and utilize the seven-step Harb process to mitigate associated business risks. Torts Alumina Inc. is considered one of the largest aluminum makers in the world. The company operates in Erehwon and is under the EPS’s jurisdiction in region 6. The first tort against Alumina was found to be negligence. Five years ago, Alumina failed to follow the environmental discharge norms set by the EPA that resulted in high levels of PAH in the samples. Polycyclic aromatic hydrocarbons (PAH) are a family of chemicals primarily derived from oil and coal but also produced as byproducts from burning of a variety of materials (Nevison, 2008). The EPA demanded a clean-up in which Alumina quickly complied and rectified the negligence allegation. Alumina was allowed to continue business without prosecution and complied with all regulation following the incident. However, Kelly Bates, a resident of the community where Alumina operates, is claiming that her 10-year-old...

Words: 1276 - Pages: 6

Premium Essay

Law Syllbus

...found in the University of | |10 | |ERM Paper |Phoenix Material: ERM Paper located on the student website. | | | | | | | | | |Option 1: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Business Regulation simulation. Identify a tort violation from the | | | | |simulation. Then use the 7-step process as defined in the Harb article to apply the risk | | | | |management process to mitigate the business risk associated with that violation. | | | | | | | | | |Option 2: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Product Liability video. Identify a tort violation from the video. |...

Words: 1021 - Pages: 5

Premium Essay

Recognizing and Minimizing Tort and Regulatory Risk Plan

...Recognizing and Minimizing Tort and Regulatory Risk Plan A business, whether for or not for profit, in this country, is regulated under guidelines known to us as laws. These laws hold business leaders accountable for conducting business in an ethical manner and protect consumers from negligent practices imposed by a business. An example of these laws is Tort Law, which is a law that provides compensation for tortuous acts to an injured party or party’s property through a civil lawsuit (Cheeseman, 2010). Tort, defined as “a wrong”, is categorized by two components: Negligence Torts and Intentional Torts. The issue of a tort violation is a matter of the plaintiff proving his or her case or the defendant establishing a reasonable doubt that dismantles the plaintiff’s case. By using Alumina, Inc. as a point of reference, this paper will address how regulatory risks are identified and how they can be managed though preventive, detective and corrective measures. It will also concentrate on the torts and risks identified in the simulation and develop a plan that recognizes and minimizes the regulatory risks in this week’s simulation as well as those examined throughout the chapters in this week’s readings. Alumina, Inc., a four billion dollar United States based aluminum maker located along the borders of Lake Dira in Erehwon, is a manufacture of packaging materials, automotive components, bauxite mixing, alumina refining and aluminum smelting. It operates in eight countries...

Words: 1059 - Pages: 5

Premium Essay

Erm Paper

...ERM Paper - Learning Team D ERM Paper - Learning Team D Maintaining effective and compliant business practices is an important part of any management strategy. As shown in the Business Regulation simulation; even one instance of increased liability can cause long-term concerns for a business. Each violation or perceived violation can open the business to questions of negligence and both legal and financial responsibility. To minimize these instances and create a business that has limited liability concerns it is important that management creates and maintains an effective risk management model for the business. Using the simulation provided, our team has identified legal issues and tort violations presented in this scenario, defined a process for managing risk factors, and identified relevant factors in determining what steps to take after a violation occurred. Legal Issues and Principles In the scenario presented Alumina had one Environmental Protection Agency (EPA) violation five years earlier for unacceptable levels of polycyclic aromatic hydrocarbons (PAHs) found in nearby Lake Dira. This contamination was found to have occurred as a direct effect of Alumina’s refining operations. PAHs are carcinogenic chemicals released during refining activities as “suspended particulate matter in the air” (Breast Cancer Fund, n.d.). The company complied fully with the EPA’s order to clean up the contamination as evidenced by a subsequent agency audit. As stated...

Words: 1719 - Pages: 7