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wellspring/15-torts-and-coordination/15-06-fitness-for-purpose.md
2021-09-09 16:00:44 +10:00

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Wellspring: Fitness for Purpose framework

This mechanism is intended to prevent avoidable harms caused by negligence or outright lack of care by product/service providers. It's intended to solve such issues across a wide swath of domains including such domains as the architecting and construction of buildings; the design and manufacture of machinery and tools; and other contentious areas where false representation of fitness for purpose have hazardous consequences for direct customers and 3rd parties who may be entirely unaware that their lives and safety are at the mercy of a product/service whose fitness for purpose has been misrepresented.

The mechanism gives standing to procure a vendable warrant, to any individual able to prove that the product/service is not being deployed/used in line with its represented purpose-fitness, and the guidelines thereof. In so doing it empowers knowledgeable individuals to act as the decentralized cogs/agents in a distributed safety and quality assurance mechanism.

It also encourages a business climate where companies are strongly incentivized to be accurate/honest in their representations of fitness for purpose, and their representations of the conditions under which their product/service is fit for purpose. It further encourages a business climate where companies are vigilant to ensure that they maintain their facilities/tools/processes in the required state of repair to ensure fitness for purpose.

Ultimately, we realized that we were trying to prevent 3 things:

  • The deployment by companies of a product/service which poses unpublished hazards to the customer when used for the purposes that the company represented the product as being fit for, and in line with the usage guidelines published by the company for that purpose; and which hazards are known to the company beforehand.
  • The false representation of a product/service as being fit for a purpose under when used in line with its usage guidelines;