Discussion Questions on the Law of Tort

Explain whether or not the Intruder is Liable for his Actions.

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The law of tort defines a tort liability as a legal obligation of a party to a victim consequential for doing them a civil wrong or injury (Cooke, 2013). The law provides remedy and relief for persons who have suffered injury or harm as a result of wrongful acts of others. In the case of Sharon and Daryl versus the intruder, the intruder has the liability of trespass. The intruder, having attacked Sharon in her house, should be considered liable for trespass with battery. The intruder should, therefore, be held accountable by a court since he or she did not have any invitation to Sharon's house but instead broke into the home by forcing the lock on the sliding glass door of her ground floor apartment.The intruder, therefore, should compensate for damages and injuries caused by his acts.

Explain your Legal Duties and Responsibilities to Sharon and Daryl.

As the business owner, my responsibilities are to ensure that such an incident does not happen again. I would have the responsibility of visiting Sharon and Daryl in the hospital and ensure that they are receiving proper treatment and that they are making progress. I would have the responsibility of listening to their case and advice that, that incident does not happen again since security measures will be put in place. I would also have the legal duty of calling the authorities and do a follow up to ensure that the burglar is caught and justice is served in court (Conford, 2016). Sharon and Daryl have the responsibility of calling the proper authorities and reporting the incident. They should make the description of the burglary and report if there were any damages caused. If the burglar is caught, Sharon and Daryl have the legal duty of attending the court proceedings. They should cooperate with law enforcements to ensure that the case is conducted fairly and ensure that justice is served.

Differentiate among some of the Potential Torts that might arise from this Business Context

The potential torts that may occur are negligence and trespass. The landlord did not provide security to his tenants. The tort may occur if the owner had not employed a security guard or there were no alarms and surveillance cameras in the building. Trespass may result if the sliding doors had malfunctions or the windows did not close properly. There is also a possibility that Sharon might have acted negligently by not properly locking the doors thus giving room for the burglar to force entry.The potential torts could have resulted in the theft of personal items especially valuable items that Sharon had. It could have also led to credit card theft which would have been a serious issue, especially because nowadays many stores do not ask for identification card when purchases are made. It could have been easy for the burglar to use Sharon's credit card.

Discuss ways to Prevent or Mitigate the Risk of Potential Torts

The possible ways to prevent trespass is to provide security alarms and surveillance cameras. The signals could help the residents to call for immediate help if similar attacks or burglaries occurred. The surveillance cameras would enable the security guard to have a better view of who enters and leaves the building and to which house the person comes (Little, 2014). The landlord could also put a tight security where everyone who enters the building shows his or her identification card. In the case of Sharon ad Daryls attack, the burglar could have been identified immediately if such a security system had been installed. Another possible way to prevent trespass is to employ a security guard. In the case of Sharon and Daryls attack, had there been a security guard, there is a possibility the burglary would not have occurred.

Negligence is the omission to do something which a reasonable man guided by those regulations which ordinarily regulate the conduct of human affairs would do or do something which a reasonable and prudent person would not have done (Noee, 2016).The possible ways to prevent negligence is to be more careful. In the case of Sharon and Daryl's attack, the landlord would not have assumed such burglary cases and therefore would have put more security measures in the apartment. Sharon, on the other hand, could have properly closed the doors so as to prevent theft.

Discuss what you would want from your Landlord if you were Sharon and what you would want from your Employer if you were Daryl.

If I were Sharon, I would want compensation for injuries and damages caused. It is because the injuries were suffered as a result of the negligence of the landlord. I would want the owner to repair the door if it had any malfunctions and provide better security to prevent such an occurrence from happening again (Little, 2014). I would also want the landlord to compensate the injuries by covering hospital bills if any and cover for any loss of goods. I would also want the landlord to offer a helping hand to track the burglar and cover the expenses in court.

If I were Daryl, first, I would want my employer to compensate for injuries caused as a result of the burglary. I would want my employer to cover the hospital bills if any. Secondly, I would want my employer to employ a security guard so as to prevent future burglaries and theft. I would also want my employer to install alarms and surveillance cameras if possible, so as to make it possible for tenants to call for immediate help when attacked by thieves or burglars.

Discuss what, if any, Ethical Responsibilities you have to Sharon and Daryl as the Business/Business Owner.

As the business owner, firstly, I would put a notice and inform the residents about the burglar. I would provide a description of him or provide a picture of him, if any, and inform the residents if such a person is seen, they should tell the authorities. Secondly, I would put a notice on advice all the residents to ensure they lock their doors and windows so as to prevent break-ins and burglaries. I would also advise them not to allow strangers into their houses. Welcoming visitors to the house does not only affect the person who has welcomed him or her but also harms those around them. Those strangers can turn to be burglars and break into the neighbors' houses. Lastly, I would advise the landlord to put a good security system to avoid such burglaries in future.

References

Conford, T. (2016). Towards a public law of tort. Routledge.

Cooke, J. (2013). Law of tort. Pearson Education.

Little, J. W. (2014). Torts: Theory and practice. LexisNexis.

Noee, E. (2016). Attribution of liability among multiple tortfeasors under negligence law: Causation in Iran and England. J. Pol. & L., 9,219.