Due Care Case Study

664 Words 3 Pages
Register to read the introduction… Due care : Degree of care that an ordinary and reasonable person would normally exercise, over his or her own property or under circumstances like those at issue. The concept of due care is used as a test of liability for negligence. 8. Exaggeration (in advertising): an mislead through exaggeration by marking claims unsupported by evidence. 9. Federal Trade Commission 10. Food and Drug Administration: US regulatory agency responsible for the safety of foods and cosmetics, and safety and efficacy of medicinal drugs and devices. FDA reviews new drug applications, implements standards, and regulates the sale of restricted drugs. 11. FTC v. Standard Education: FTC ( Federal Trade Commission) : The U.S. government agency responsible for regulating trade. The FTC's chief focus is to prevent fraud and deceptive business practices and to ensure fair competition FTC v. Standard Education: is a case that an encyclopedia company was charged by the FTC with a number of deceptive and misleading practices. 12. Ignorant-consumer standard: an advertisement that might mislead someone who is ill informed and naive.

13. Legal paternalism 14. MacPherson v. Buick Motor
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Subliminal advertising : the use by advertisers of images and sounds to influence consumers' responses without their being consciously aware of it. 24. Warranties, express and implied: Express warranty: Spoken or written promise concerning the character, nature, performance, purpose, quality, state, or use of an item, made by a seller while negotiating with a buyer. In contrast to an implied warranty, an express warranty forms part of the contract of sale because it has been included in the offer acceptance process. Implied warranty: is a warranty which applies to a sale by the very nature of the sale, even though it is not expressly stated by the seller. There are several different kinds of implied warranty which can be applied to different transactions. Essentially, an implied warranty means that when someone buys a product and uses it in an ordinary fashion, the consumer has a reasonable expectation that the product will function as expected. 25. Weasel words : A weasel word may be an informal term for equivocating words and phrases aimed at creating an impression that something specific and meaningful has been said, when in fact only a vague or ambiguous claim, or even a refutation has been

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