...BUSINESS TORTS AND ETHICS 1 Business Torts and Ethics BUSINESS TORTS AND ETHICS 2 Given that I am the owner of the University Heights Apartments who rents to primarily students, I believe that I am somewhat responsible for the safety of my tenants to a certain extent. I feel that I cannot be totally responsible for their personal safety as I cannot ensure that all personal that enter the complex are actually confirmed residents of this establishment. I can however minimize the access to this complex by setup up a gated community where residents with have to enter a specific code or card to gain access. If specific residents choose to allow other personal to enter the complex, they will be responsible for their actions and will have to accept punishment for their actions as indicated within their contract. Based on the fact that the intruder had forcefully entered the apartment and had injured the tenant and the resident manager I do feel some responsibility for both of them. As the resident manager, his job also includes that he help ensure the safety of the tenants. While doing his job, he was injured and in the process, he was also not able to detour or defend the tenant who was also injured. Given that the resident manager was injured while performing his job and the tenant was injured though him not being able to fully accomplish his job, I do feel obligated to help both of these parties. I do also feel that the intruder will have...
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...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...
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...break into Sharon apartment. Sharon and the resident manager were badly injured during the attack. There are legal questions that need to answer to ensure there is no liability on my behalf. There are two areas that will be covered in this paper on business torts and ethics. Business torts is define as the law that covers a wide range of misconduct including personal injuries, negligence, and malpractice. In this paper, I will be objective and look at all sides of the conflict and assess my responsibilities. Liability of the Intruder It is my opinion that the intruder is liable for what he has done to Sharon the tenant. The intruder broke into her apartment and attacked Sharon and the resident manager. The intruder also harmed Sharon and the resident manager that left them with cuts and bruises. This is considered aggravated assault and jail time can be served. This could also be considered an armed robbery, the intruder went into a person property with a weapon in the midst of a burglary. I also think the intruder is liable for the damages that were done to the apartment when he was trying to break in. This would be civil damages and because I’m the owner of the building I will take him to court for civil lawsuit. Business tort shares some overlap with other types of crimes that can harm people. Legal Responsibility In this case of someone trying to break into the apartment, I have no legal responsibility to Sharon. However I do feel that I could have legal responsibility...
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...Business Torts and Ethics Jason Harris Business Torts and Ethics The definition of Tort is: A civil wrong, which can be redressed by awarding damages (Cornell University Of Law, 1993). In other text it states that it is a wrongful act or an infringement of rights that leads to civil legal liability. In this case where the tenant were attacked at her place of residence the intruder was solely responsible for his actions. The intruder infringed on the rights of my tenant Sharon by unlawfully entering her residence through her sliding door. In other research I have done it further states that a tortious act can cause injury to a person, which is exactly what happened to Sharon and Darryl. As they attempted to scare away the intruder they were brutally attacked which caused injury to each individual. The intruder had no right to be on the premises at all which in that moment made him liable for any illegal activity that happen from that point. Whether the intruder intentionally or unintentionally harmed Sharon or Darryl he was still in the wrong because he had broken into Sharon’s apartment. Owners Legal Responsibility As the apartment owner my responsible is to make sure that the apartment complex is secure and that the common areas are safe from criminal activity. As the owner I have to ensure that each apartment has fully functional locks and make sure all repairs that are reported are dealt with in a timely manner. In a case like this my obligation to the tenant is to ensure...
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...Law, Ethics, and Corporate Governance AnnMarie Seidler Dr. Charity Lanier Legal 500 October 30, 2013 As the Chief Operating Officer (COO) of a midsize company that is preparing for an Initial Public Offering (IPO), I discover several personnel problems that require my immediate attention. It is my duty to be familiar with the Employee-at-will Doctrine and any exceptions if any that may apply to the employees and my employer. While preparing to deal with our personnel problems I discover that my company does not have a Whistle Blower Policy in place and I will address this issue with my CEO. As we present our company to the public, we need to consider Corporate Social Responsibility (CSR), and how we impact our employees, our environment, our customers, retailers, wholesalers, (possible shareholders), from the very top to the very bottom. In order to be successful we must consider more than just the bottom line, the dollar. As I address each employee issue, I considered not only state and federal laws but also what if any long-term impacts my decision may have upon the entire company and community at large. The Employee-at-will is a legal doctrine “which gives employers broad discretion to fire employees for a good reason, a bad reason, or no reason at all.” Halbert & Ingulli, (2012).There are three major exceptions to the rule to help prevent wrongful termination but only two of them apply in the state where I reside of WV. The Public-policy exception and Implied-contract...
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...The Law and Ethics within a Business Noel Jones BUS 670: Legal Environment Professor Eliza Gordner January 16, 2012 The Law & Ethics within a Business In the world of business companies and their employees are bound by both ethics and the law. Ethics is defined as “the philosophical study of what is right and wrong, good and bad” (Liuzzo and Bonnie, 2010; p19). All those are companies are bound by the same code of ethics, they are not all bound by the same laws. Depending on the type of business, they will either be governed by Federal, State, Local, or a combination of the three law governing bodies. This paper will discuss an example of issue and demonstrate where the law, ethics, or both was violated by a company or its employee(s). First, is to discuss a bit about Ethics. Resisting Acts to Perform Unethically It is of the utmost importance that not only managers, but all employees, act and perform ethically while carrying out their duties. A manager or employee should try to recognize unethical acts, and also bosses. Although, an employee may not always be able to recognize unethical requests or bosses; therefore it is best to thoroughly consider what is being asked of them. It is possible that a boss may ask an employee to perform the unethical task for them in hopes that the employee does not realize or is just a “team player”. If this occurs, the employee should take action. An employee may “buy time” in order to...
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...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 BUS 311 Week 4 Business Ethics – Journal BUS 311 Week 4 DQ 1 Real, Intellectual, and Personal Property BUS 311 Week 4 DQ 2 Business Ethics BUS 311 Week 4 Multimedia activity Business Organization BUS 311 Week 5 DQ 1 Intellectual Property and Technology BUS 311 Week 5 DQ 2 The Global Marketplace BUS 311 Week 5 Final Paper BUS 311 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 BUS 311 Week 4 Business Ethics – Journal BUS 311 Week 4 DQ 1 Real, Intellectual, and Personal Property BUS 311 Week 4 DQ 2 Business Ethics BUS 311 Week 4 Multimedia activity Business Organization BUS 311 Week...
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...Ethics Paper ONE a. What course of action would you have suggested to Ren at the moment he learned of the material misstatement on the 2009 financial? State your reasoning by employing the utilitarian and deontological models. When Ren found out about the material misstatements on the 2009 financial statements, he should have reported it immediately to his audit engagement team. This decision would have benefited the users of the financial statements. The client would have had to issue a qualified opinion, instead of an unqualified opinion, because the prior year financial statements would have needed to be restated due to the material misstatements. The client needed to take the hit, rather than the users of the financial statements, because it produces the “greatest happiness for the greatest number” (Ethics Outline). This decision follows the model of Utilitarianism. Reporting the material misstatements immediately might not benefit Ren and his engagement team, but the decision does follow the deontological model by upholding his duty as an auditor, and it does not “treat others as means that exist to serve our purposes” (Ethics Outline). Therefore, providing users with reasonably...
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...Week 1: Business Ethics and International Responsibility - Lecture Introduction to Ethics and International Law Introduction | Business Ethics | Social Responsibility | Ethical Dilemma Resolution Models | Video – Business Ethics: An Oxymoron? | Practice Quiz | | Introduction | | The E in Enron definitely did not stand for ethics, but Enron and its contemporaries like Arthur Andersen, Tyco, and WorldCom altered the lives of thousands of people and shaped new laws regulating business. All topics covered in this course, from product liability to civil rights, from intellectual property rights to antitrust and consumer protection, will all make the same point. My goal is not to instruct a basic business law course but rather to create a dialogue involving questions and issues that each of our respective businesses must navigate successfully if they are ultimately to maximize stakeholder value. We will do this during Week 1 by covering our two most important TCOs: A and I. These will be foundational for the term. As TCO A is our ethics TCO and TCO I is our international TCO, note that both of these TCOs will be important under and inside each of our topical TCOs (e.g., contracts, environmental law, employment law, etc.) | | Business Ethics | | As we move through the course, each learned TCO should remain in the back of your mind. We will build on them while learning the law. As you will find, most of the TCO A ethical strategies include as a first question...
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...Addressing the Challenges of Groups and Teams University of Phoenix LDR/531 WHO8MBA07 Harold Van Alstyne December 16, 2008 Addressing the Challenges of Groups and Teams Turning a group into a team is one of the biggest challenges faced by most of the organization these days. Two or more people together form a group, but it does not form a team. A group becomes team when you treat them as high level. To turn group into a team there needs to be a set measurable goals, define desired outcome and keep everyone focused. Team is defined as “a small number of people with complementary skills who are committed to a common purpose, performance goals, and an approach for which they hold themselves mutually accountable.” (Katzenbach and Smith, 1993). Teams are more structured than groups. All teams are groups but all groups are not teams. Big organizations are usually segregated into different teams. The segregation helps to achieve set goals and targets of the company which directly affects the bottom line. Bottom line is what matters in an organization. It requires lot of effective strategic planning to achieve the set goals and targets which affects the bottom line. It is important to form groups and teams in an organization because it helps in taking better decisions, increased productivity and improves employee morale to perform better. Some of the benefit of having a group is that more ideas are brought in to make sound decision. Members in a group...
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...issues in a business can become difficult if the correct procedures are not followed. Knowing the difference and the importance of how these issues can impact a business and or an organization is a good approach when trying to make a business grow. Taking into consideration the minimal details in which a company can avoid any issues that can make their business fall back from growing and becoming successful, can be beneficial in the long run. Throughout the context, there will be some examples of what ethical and legal issues are and the impact they can cause an organization. What are ethical issues? Ethical issues are problems, situations or opportunities requiring an individual to choose among actions that may be evaluated as right or wrong, ethical or unethical. Ethical issues are sometimes caused due to conflict which could include personal or business. Some of the questions that arise would be “is it ethical to sell products that are legal, but are known to harm those who use them?” Defining ethics is norms of conduct that distinguish between acceptable and unacceptable behavior. Ethical issues goes beyond personal or business matters. It depends on the person or business to decide. In business ethics there are a set of attitudes, morals and rules of behavior. This does not mean everyone agrees on what is ethical and what is not. Defining ethical issues is conflicts of interest honesty, fairness, communications issues and organizational relations. Ethics are learned...
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...Activity 1 | 2 | The Manager as a Critical Thinker | Individual Paper 1 | 3 | Legal and Ethical Environment of Business: The Manager as an Ethical Decision Maker | Discussion Activity 2 | 3 | Team Work Plan | Team assignment | 4 | Organization Theory and Design | Discussion Activity 3 | 5 | Organization Theory and Design in the Global Environment | Team Project 1Individual Matching Exercise | 6 | Legal Environment: Courts, Alternative Dispute Resolution, and Agency | Discussion Activity 4 | 7 | Critical Thinking in the Legal Environment: Torts and Products Liability | Individual Paper 2 Discussion Activity 5 | 8 | Legal Environment: Contracts and Forms of Business Organizations | Discussion Activity 6 | 9 | Knowledge Integration | Take-home Final | 10 | Corporate Social Responsibility in a Global and Technological Environment | Team Project 2 | Assignment Details Session | Module/Topics Readings/Assignments | 1 | The Manager as a Systems ThinkerObjective 1: Apply models of critical thinking and systems thinking to address complex organizational issues.Objective 2: Reflect on seminar assignments and relate the skills and knowledge gained to personal and professional goalsCompetency : Systems Thinking | Read the following articles which you can find and download from the UMUC library databases: (A) ABI/Inform(B) Business Source Complete Hill, L.A. (2004). New manager development for the 21st century. Academy of Management ...
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...Responsibility Mulligan versus Friedman perspectives on moral business decisions * Mulligan: Execs have most knowledge and will be better at at analyzing problems and implementing solutions * Friedman: Execs are not competent to solve moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person” BE INFORMED 3. “In manner reasonably believed to be in best interest of corporation” Comparison to a Professional’s “Duty of Due Care”: 1. Duty of Care 2. Breach of duty of care by a reasonably prudent professional 3. breach causes damages that were foreseeable. 4. Negligence Theory: , Can negligence be criminal—US v Parks case Yes! If informed of an issue, should follow through and ensure action was taken (supermarket example) States’ Differing Public Policy on role of stakeholders in making a decision that is in the best interests of the company * Half of the states say the officers and directors can take into account stockholders and other stakeholders (employees, customers, supplies, communities). * Pennsylvania and Indiana allow officers to place the interests of stakeholders above stockholders Why most companies choose Delaware to incorporate Management friendly. Example: business judgement rule Drucker’s Aristotelian statement--aligning...
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...5.11.2009 Chapter 4 Stakeholders, Ethics, and Corporate Social Responsibility McGraw-Hill/Irwin Principles of Management © 2008 The McGraw-Hill Companies, Inc., All Rights Reserved. 4-3 4-4 Learning Objectives 1. Identify stakeholders in an organization. 2. Describe the most common types of ethical issues managers confront. 3. Explain how managers can incorporate ethical factors into their decision making. 4. Outline the main segments for and against corporate social responsibility. 5. Explain what managers can do to behave in a socially responsible manner. Stakeholders Employees Customers The Firm Creditors Suppliers Distributors Shareholders Local communities Evaluating Stakeholders Claims Identify Stakeholders Identify stakeholders interests and concerns Identify claims stakeholders place on the organization 4-5 4-6 Business Ethics •Accepted principles of right or wrong governing the conduct of businesspeople. •Principles of right and wrong are codified into laws Tort law Contract law Intellectual property law Antitrust law Securities law Take actions, starting with those that address the claims of the most important stakeholders Identify actions to satisfy claims of various stakeholders Weight stakeholders by their importance to the firm •Many actions, although legal, may not seem ethical 1 5.11.2009 4-7 Ethics in Management Ethical Rights of Stakeholders • Shareholders –right to timely and accurate...
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...Portfolio_Corporate_Ethics Portfolio_Corporate_Ethics Business today has evolved into a highly complex and competitive industry that requires and expects immediate action as well as results. The Global marketplace has expanded the business environment and stretched the operating parameters into new directions. Huge salaries, exponentially larger bonuses, and shareholder expectations have pushed corporate decision makers into murky waters when deciding which course of action to take. In an era of instant communication, public distrust, and a multitude of variables to consider before making a decision, leaders must have some form of guideline to help them make choices that reflect responsibility and accountability. The creation and implementation of an official corporate governance policy and internal practice will lead to these critical decisions being made with the good of the whole in mind. Corporate governance can be defined “as a relationship between a corporation and its shareholders” (Cross & Miller, 2012, p. 644). It is also a system of checks and balances between the board, management, and investors to create an efficient and functional business with long term viability and value ("Corporate Governance Best Practices," 2002, p. 8). The concept of adopting a formalized process should be fairly evident. Corporate scandals such as Enron and WorldCom devastated entire corporations as well as national and world financial crisis created by banking and mortgage industries...
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