169k views
4 votes
4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offerings of companies who do not pass their screening, or should they only provide a platform for commerce to take place and allow the market to monitor companies?

PLS HELPPPPPPP ( BUSINESS LAW I)

User Gkrls
by
8.2k points

1 Answer

7 votes

From a business law perspective, the question of whether banks and app stores should be required to do more due diligence on companies using their services raises important issues of liability and contractual obligations.

Under traditional contract law principles, banks and app stores would likely be considered intermediaries or third-party facilitators, and as such, they would not typically be held liable for the actions of the companies using their services. However, in today's digital age, the reach and scope of these intermediaries has grown significantly, and so has their impact on the market and consumers. Given this, it could be argued that banks and app stores have a heightened responsibility to screen companies and ensure that they are not facilitating the sale of harmful or illegal products.

Additionally, from a liability perspective, there are laws such as the Electronic Communications and Transactions Act, that could be held to impose a duty of care for the protection of consumers for these types of intermediaries, which would increase their responsibilities of monitoring the companies which use their services.

In summary, although traditional contract law principles may suggest that banks and app stores should only provide a platform for commerce, the growth and impact of digital intermediaries and the current legal framework suggest that they should have a heightened responsibility to do due diligence on companies using their services, in order to protect consumers and maintain the integrity of the marketplace.

User Adam Fratino
by
7.1k points