EIB 5 Ch. 6, 7

36 flashcards · Other · by Daniel F.

  1. Consumer Dependence

    Consumers rely on businesses to satisfy their needs and wants, especially in a complex, technological society. This dependence increases business's responsibility for product safety

  2. History of product liability for consumer MacPherson v. Buick and Strict Product Liability

    MacPherson v. Buick (1916): Expanded manufacturer liability beyond direct contractual relationships, moving towards a "due-care" theory. Strict Product Liability (Greenman v. Yuba, 1963): Holds manufacturers liable for injuries caused by defective products, regardless of negligence. Justified by incentivizing safety and spreading the cost of injuries. Only such a policy will induce firms to bend over to guarantee product safety Manufacturer is best able to bear the cost of injuries due to defec…

  3. Due care

    Manufacturers have a duty to exercise reasonable care to prevent consumer injury from defective products.

  4. Consumer Product Safety Commission (CPSC)

    Sets safety standards, bans risky products, and polices the consumer product market. Critiques Regulations increase product prices, raising questions about cost-benefit analysis and consumer choice Preventing consumers from being able to take risks has economic and ethical drawbacks The use of law to restrict individual freedom for their own good. Raises ethical concerns about autonomy vs. social welfare.

  5. Limitations of consumer protection

    Regulatory agencies face challenges like underfunding, political pressure, and the complexity of monitoring global supply chains. Self-Regulation: Businesses often prefer self-regulation, but it can be ineffective in prioritizing consumer safety over profits

  6. Responsibilities of Business Beyond Legal Compliance

    Prioritize safety based on product risk and potential harm. Acknowledge shared responsibility with consumers for product safety. Monitor manufacturing processes and utilize independent research. Review marketing and advertising for potential safety implications. Provide clear and comprehensive product information to consumers. Investigate consumer complaints promptly and thoroughly.

  7. product quality guarantees warranties Express warranties, implied warranties, merchantability

    Warranties: obligations to purchasers that sellers assume Express Warranties: Explicit claims made by sellers about product features and durability. (E.g. Product is shrink proof etc.) Implied Warranties: Guarantees that a product is fit for its ordinary, intended use Merchantability: not a promise the product is perfect, but a guarantee that is of passable quality or usable for ordinary use

  8. Unfair pricing tactics

    Prices should be just and reflect factors like production costs, operating expenses, and reasonable profit margins. Unresponsible, unfair pricing: Manipulative Pricing: Using psychological tactics to obscure true costs or create false perceptions of value. Price Fixing: Horizontal (competitors) or vertical (manufacturers and retailers) agreements to set prices, undermining fair competition. Price Gouging: Exploiting situations where buyers have limited options by raising prices significantly. Q…

  9. Unfair labeling and packageing tactics

    Truthfulness and Clarity: Providing accurate and understandable information about product contents, ingredients, and origin. Unresponsible, deceptive labeling/packaging: Misleading Labels: Using vague terms, deceptive imagery, or confusing packaging to misrepresent products.

  10. Deceptive Techniques in Advertising

    Ambiguity: Using language that can be interpreted in multiple ways to mislead consumers. Concealment of Facts: Suppressing information that would make products less desirable. Exaggeration: Making claims unsupported by evidence. Puffery: Using superlatives and subjective praise, often blurring the line between harmless exaggeration and misleading claims. Psychological Appeals: Targeting emotions rather than reason, potentially manipulating consumer desires. Subliminal advertising: advertising t…

  11. Role of Federal Trade Commission (FTC)

    antitrust weapon, but now expanded to include protecting consumers against deceptive advertising and fraudulent commercials Moved from a "reasonable-consumer" standard to a "modified gullible-consumer" standard, prohibiting ads that mislead a significant number of people.

  12. Problems with Ads Directed at Children

    Vulnerability: Children are particularly susceptible to advertising due to their lack of experience and critical thinking skills. Ethical Concerns: Targeting children with persuasive techniques raises questions about fairness and manipulation. Childhood Obesity: Evidence linking advertising to unhealthy food choices and rising obesity rates among children.

  13. Debate Over Advertising in Consumer Needs, Market Economics and Free Speech

    Consumer Needs: Defense: Advertising appeals to consumer desires and helps them make choices. Criticism: Advertising manipulates or creates artificial needs, promoting excessive consumption and materialism. Market Economics: Defense: Advertising is part of free competition and contributes to economic growth. Criticism: Advertising undermines the ideal of full information, promotes brand loyalty over price competition, and can be a wasteful use of resources. Free Speech and the Media: Defense: A…

  14. Weasel words

    words used to evade or retreat from a direct statement, indirect

  15. Caveat emptor

    let the buyer be aware, used to be that consumer’s legal responsibility was to accept consequences of their product choices

  16. Legal paternalism

    the idea that the law may be justifiable to restrict the freedom of individuals for their own good

  17. Ecology

    The study of interrelationships between organisms and their environments, emphasizing interdependence within ecosystems.

  18. Ecosystems

    A community of living and nonliving elements, interconnected through complex webs of relationships.

  19. Human Impact on the environment

    Human activities, especially commercial ones, can disrupt the delicate balance of ecosystems, often with negative consequences

  20. Tragedy of the Commons

    When individuals pursue self-interest in using shared resources (the "commons"), it can lead to their depletion and harm everyone

  21. Externalities

    The disparity between private industrial costs and the broader social costs of business activities, often resulting in environmental damage borne by others

  22. Business's Traditional Attitudes Toward the Environment

    Environment as a Free Good: Historically, businesses viewed natural resources as unlimited and free for exploitation, leading to pollution and resource depletion. Ignoring Externalities: Focusing solely on private costs while neglecting the social and environmental costs imposed on others.

  23. Ethics of Environmental Protection: Human Right to a Livable Environment

    Collective Self-Interest: Environmental protection benefits everyone, but the free-rider problem tempts individuals and businesses to shirk responsibility. Social Contract: Businesses have an implicit obligation to operate in ways that benefit society, including protecting the environment. Human Right to a Livable Environment: Some philosophers argue that everyone has a moral right to a healthy environment, strengthening the ethical case for environmental protection.

  24. Ecological Economics

    Attempts to assign economic value to ecosystems and the services they provide, highlighting the true costs of environmental degradation

  25. Non-Use Value

    The value people place on preserving natural resources even if they don't directly use them, challenging traditional economic valuation methods

  26. Who Should Pay the Costs of negative environmental externalities

    Those Responsible: Challenges: Determining who is ultimately responsible for pollution, as consumers, businesses, and broader societal factors all contribute. Those Who Benefit: Challenges: Everyone benefits from environmental protection, making it difficult to assign costs proportionally. Ignoring responsibility as a factor can lead to unfair outcomes.

  27. Methods of achieving Environmental Goals

    Regulations: Advantages: Legally enforceable standards, applied equally to all. Disadvantages: Can be slow and inflexible, stifle innovation, and lead to plant closures or relocations. Pollution statues and regulations generally require polluters to use the strongest feasible means of pollution control Questions about effectiveness Can also take away an industry's incentive to do more than the minimum required by law Problem of displacement costs resulting from industrial relocation of shutdown…

  28. Debate over obligation to future generations

    Rights of Future People: Philosophical debate about whether future generations have rights and how to balance their interests against those of present generations. Utilitarian and Social Contract Approaches: Considering the long-term consequences of our actions and seeking to maximize overall human happiness through time.

  29. The Value of Nature Anthropocentric vs Naturalistic view individualism vs holism

    Anthropocentric View: Nature has value only because humans value it. Naturalistic Ethic: Nature has intrinsic value, independent of human interests, requiring respect and preservation. Individualism: individual animals or trees have values Holism: species, ecosystem have value

  30. Animal Rights and utilitarianism

    extend to organisms experiencing pain and pleasure (utility, happiness) But not necessarily: all organisms equal value Philosophical arguments for recognizing the moral rights of animals, especially sentient creatures capable of experiencing pain and suffering. Utilitarian Considerations: Including animal pain and suffering in ethical calculations Factory Farming: Raises ethical concerns about the cruel treatment of animals in industrial agriculture Moral Vegetarianism: Rejecting meat consumpti…

  31. Animal Rights and kantian ethics

    Animals with intrinsic value deserve respect Tom Regan: animals are subjects-of-a-life They have perception, beliefs, desires etc Have value according to the categorical imperative

  32. Virtue ethics and animals

    love and care for environment, wilderness, ecosystems, animals etc. isn’t very different from love and care for family and friends Thomas Hill: indifference to nonsentient nature often signals the absence of certain virtues e.g. Ignorance, lack of humility, too much self-importance

  33. Free-rider problem

    individual thinks that the little problem it creates doesn’t make any difference, but if everyone does that, it does create a big problem

  34. Utilitarianism vs Rawls justice on environmentalism

    Annette baier: important thing to do is to recognize our obligations to consider the good of continuing human community (utilitarian perspective to maximize happiness) John Rawls: (theory of justice) the member of each generation put themselves in the original position, and then without knowing what generation they belong to, they could decide what would be a way of distributing resources between consecutive generations

  35. Environmental protection laws

    Clean air act (1970): banning leas as a fuel additive in gasoline, act has reduced presence in air by 90% Clean air act amendments of 1990: measures to fight smog, acid rain and toxix emmissions Clean water act (1971): goal of eliminating all water pollution by 1985 Environmental protection agency (EPA): sets legal minits on amount of pesticide allowed to remain on food

  36. Dependence effect

    consumer demand are shaped by it production process