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Product Liability

ear when the instructor calls for the flare upon touchdown. In an ethical light, this arrangement of reasonable liability division is in keeping with our understanding of moral rights in the economic sense. According to the negative right of freedom of consent, all parties should be free to make any arrangement to which both parties agree. It is a moral imperative in this free consenting agreement or contract that both parties fully disclose all pertinent aspects of the arrangement, in this case, the disclosing of the inherent risks involved with jumping out of an airplane (Velasquez, 330). Once both parties are satisfied with the conditions of the agreement, they are free to commit to the agreement via contract. The buyer has freely accepted the risk of the product, and the seller has fulfilled his obligation to provide enough information for the buyer to make an educated decision. The liability transfers from the seller to the buyer once both parties have freely and knowledgeably entered the contractual agreement. In this arrangement, the rights of all parties have been preserved. Additionally, this arrangement fulfills the deontological requirements of an ethical contract. The seller has a moral duty to provide the safest product possible in relation to the nature of that product. The seller also has an obligation to disclose information about his or her product that could cause unreasonable harm if not carefully managed. Under the “Due Care” theory, the seller is required, as the more expert of the parties, to ensure that the buyer is fuller aware of the dangers. Finally, the seller has the duty to allow the buyer the opportunity to make an informed decision. Once the decision is made, the buyer has the duty to abide by the contractual agreement. As Velasquez states, the manufacturer is no longer “morally negligent after having taken all reasonable steps to protect the consumer and to ensure that the consumer is in...

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