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Due Care Theory

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To what extent does the responsibility of a producer go? Is a consumer's right respected by the manufacturer in the course of a good's production? How can the rights of a consumer be defined in a "due care theory world" and how can the observance of those rights be verified? In other words, can we say that once a good is ready for commercial purposes the consumer need not worry over the safety or the accuracy of the good because someone who is in a better position has taken care of any possible inconveniences?

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Solution Summary

Due care theory debates on the fact that a producer has to take adequate steps in protecting the interest of a consumer. Thus, for the safety of the consumer it is the producer's duty to foresee and eliminate all inherent risks that a product may have. Due care theory is a "place" where there is someone who has a greater responsibility and a greater knowledge, thereby, he is bound to exercise that conscientious duty. This simply means that the manufacturer and the consumer are not on equal level when it comes to the data of the products. Consequently, adequate care and measure should be taken by the manufacturer right from the initial stage of production so that defective materials are not used; during production the design of the product should not conceal any danger; finally, all necessary information and warnings should be on the labels.

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1) "Due care" theory is based on the concept that a producer has to live up to his responsibility and protect the interest of his customers. The producer being on an advantaged position has to take precaution against any product with a defect that can harm the customers. In other words, he must take adequate steps to take care of the customers. This becomes possible just for the fact that the producer has a better and expertise knowledge of the product, i.e. the greater the knowledge the greater the responsibility.
The customer is on a susceptible ground because of his lesser knowledge of the product. The vulnerability of the customer constitutes a moral duty for the producer to deliver products that will not injure the consumers and also products that will be up to the customers' expectations. Consequently, the products are to be examined and monitored for the consumers' interest. And failure to do this is a real breach of the moral obligation ...

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