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DUE CARE THEORY, Theories of Ethical Duties of Manufacturers, Duties -…
DUE CARE THEORY
The view that because manufacturers are in a more advantaged position and consumers must rely on them, they have a duty to take special care to ensure that consumers’ interests are not harmed by the products that they offer them.
They have a duty to exercise due care to prevent others from being injured by the product, even if they clearly disclaim such responsibility.
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Criticisms
There is no way to determine when one has exercised enough due care. Every product involves some small risk.
The theory assumes that the manufacturer can indeed discover all the risks attendant upon using a product before it is actually used and this may not be possible.
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Duties
The doctrine of caveat emptor (buyer beware) is replaced with the doctrine of caveat venditor (seller beware).
A duty to exercise due care to prevent others from being injured by the product, even if the manufacturer clearly disclaim such responsibility and the buyer agrees to this disclaimer.
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