Pulpsmack
Posts: 394
Joined: 4/15/2004 From: Louisiana Status: offline
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quote:
ORIGINAL: NorthernGent Where a railway company is negligent and it leads to the deaths of tens of people travelling on one of their trains, is there no duty of care? should the passenger take individual responsibility because he/she is aware of the risks of travelling by train, and, thus, it's up to the individual to take it or leave it? this is the logical conclusion of your point of view. If you accept that the train company has a duty of care, then how would you square this with a corporation selling products that they know are a risk to health, but they sell for personal gain? You answered your own question. the formula for negligence is duty (of care), breach, actual damages, and proximate causation. If there is no duty there is no negligence. If I have a BBQ at my house and left a loaded antique shotgun in the closet which my friend's son discovers and maims himself with it, I am negligent because I had a duty to my guests to provide them with a safe environment, and accepting children in the home expands the scope to places they might investigate in mischief. If a burglar on the other hand knocks it over he is SOL (barring separate legislation) because I owe no duty to a trespasser. It's the same arguably dangerous behavior but without the duty of care, there is no negligence. quote:
There's a flaw in your logic with the nutritional label in that it simply tells people the ingredients (sometimes it is a lie, by the way, and companies have been investigated and fined, here, for false product labelling). It doesn't warn people of the consequences. You could argue that it's up to the individual to understand the consequences, but is it up to the individual to know everything about the internal workings of a train company in order to understand the potential for a train crash? I see the argument you are making, but I disagree with it. Might as well chuck the misleading ingredients point out because that is an entirely different can of worms, where consequences can and will be had. The FDA has released the nutritional information legend, which explains the 2,000 calorie diet and the daily percentages of nutrients to maintain a healthy diet. The information released by fast food conforms with their legend and the dietary information is easily ascertainable and translatable. We have all had health or science class in grade school which taught us the basic food groups and how much we should/ shouldn't have of each. The duty of the fast food chains is thus fulfilled. Applying the letter of the law to a real life case is part science and part art (or BS, depending how you look at it). The word "reasonable" and "reasonably believes" is thrown around often, which is an objective standard that measures the person's actions against the average informed person on the street. Exposure to the information where the "reasonable man" can ascertain 4 supersize Big Mac value meals per week will through his diet in the crapper based in the info furnished, and you have no breach of duty, thus no negligence. So, is providing nutritional information reasonable to determine whether you will get fat from (over) eating? Most people seem to have no problem if they actually and consicously use the information. Does the fast food chain then have an increased obligation to make their meals unappealing by listing all the health maladies it can potentially cause (when the restaurant has no idea how much THAT consumer uses/abuses)? This opens an ugly and expensive can of worms. Cigarette companies were required to list all these maladies. Then the argument might have been that most people don't know what these big words are (that and the antis were dismayed by the ineffectiveness of the warning label) and as such, legislation was entertained to put a picture of diseased lungs on the cigarettes. When is the "warning" issue being pushed too far over to government-mandated sabotage"? AGAIN, here's my warning/disclaimer: I am and have been speaking strictly on the subject of people too stupid to understand fast food over consumption makes you fat. If they use a controversial preservative or some such additive, you are talking about a completely different issue. quote:
Duty of care exists in all of our lives to protect the individual, and, yes, we all need this because our resources are limited, and all of the information from which to be fully equipped to be personally responsible, does not exist in the public domain. You're up againt corporations with the best lawyers money can buy and the resources to dominate the individual. Recently, it was discovered, here, that supermarkets are placing out of date joints of meat and other foods on their meat counters. How do you protect the individual from this without government bodies investigating these corporations (it was a government watchdog, by the way, that uncovered this)? Perhaps you live off the land, but the vast majority of people live in the modern world. 51% of GDP is generated by corporations, today, and 49% by nation states - the implications for the individual, and the role of regulation, is obvious. You are biting the same hook even after I pointed out in my last post. Nobody has argued against corporate responsibility. Attacking idiots makes me as "pro-corporation" as attacking Bush Jr automatically makes someone a Democrat. When a corporation is guilty of wrongdoing then it should be held responsible, and that is why the legal system evolved to put such abuses in check. But there is another side that most people turn a blind eye towards, employing this ghetto "have nots" sense of justice. There is a reason why the corporations have the best lawyers money can buy. Part of it deals with defending their actions, part deals with defending them against the actions of other corporations, and the remainder is defending them from the greed of the people, which most won't acknowledge because they feel it is justice. quote:
You make some decent points as per usual, but you stray from the beaten track by overestimating the individual's access to all of the information and underestimating the role of peoples' environments in their lives. Again the problem here is a hand full of mistaken responses to my argument. This was about the fat tax. This is about fat people. Fast food was brought up and I responded about corporate liability, people's fat asses, and the information released UPON THAT SUBJECT. People have failed to read closely enough and began circling the wagons over everything that corporations do not disclose or try to get away with. That's all well and good, but it's irrelevant, because nobody raised those issues. Although you have made a couple irrelevant arguments (arguing issues with my posts that I never argued my self) I will give you credit by saying you are the only person who has provided an argument that is both contradictory AND relevant to what I was saying: "What duty is owed by the corporation regarding fast food and how much info is necessary to fulfill the "fat" duty?" The rest however, is going too far and does not address what I have asserted. quote:
No one wants unnecessary government intrusion in their lives, it's human nature to not want to have your wings clipped by government or anyone for that matter, but government is in everyone's lives daily. They manage defence and justice and have done for thousands of years. "Nobody wants it, but it's been here and will be here to stay." You can plug in violent crime, disease etc. into that equasion of yours as well. Your conclusion may ultimately be right but I am not going to bend over in acceptance and spread for it either. Government has always been placed in check by the people when the people were so motivated. This is one of those lines I feel must be drawn in the sand, and the defeatist acceptance of the government's well-intentioned will shall only accelerate the erosion of this government as it gains momentum and oversteps its bounds more and more. A healthy government fears the people. A doomed government inspires fear in the people. quote:
Whether or not you think this should be centralised or decentralised is a different matter, but part of managing justice is limiting the power of corporations over the individual. Where regulation does not exist, you would have corporations placing labels on their products that do not give the correct information on the ingredients. Thus, regulation over corporations exists for a very good reason. Agreed and (over)discussed. See above.
< Message edited by Pulpsmack -- 7/15/2007 1:56:25 PM >
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