Consentability - Consent and Its Limits

Proposes a reconceptualization of consent which argues that consent should be viewed as a dynamic concept that is context-dependent, incremental, and variable.

List of contents

Introduction; Part I. The Contours of Consent: 1. What does it mean to consent? 2. The hard cases; Part II. Consentability and Contractability: 3. A consentability framework; 4. Consent and contracts; Part III. The Regret Principle and the Opportunism Corollary: Application: 5. Improving the conditions of consent; 6. Reducing opportunism; 7. Revisiting the hard cases - some final thoughts; Conclusion; List of cases; List of statutes; Bibliography; Index.

About the author

Nancy S. Kim is Professor of Law at California Western School of Law and a Visiting Professor at the Rady School of Management, University of California, San Diego. She is an elected member of the American Law Institute and the author of numerous articles, essays and two books, Wrap Contracts: Foundations and Ramifications (2013) and The Fundamentals of Contract Law and Clauses: A Practical Approach (2016).

Summary

Consentability examines the relationship between consent, autonomy, and contract, what it means to consent, and proposes new models for how society should determine which activities should (or should not be) consentable. This book is intended for a general audience, as well as policymakers, legislators, judges, lawyers, scholars, and students.

Product details

• Authors: Nancy S. Kim, Kim Nancy S.
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Hardback
• Released: 28.02.2019
• EAN: 9781107164918
• ISBN: 978-1-107-16491-8
• No. of pages: 254
• Subjects: Social sciences, law, business > Law > Miscellaneous; LAW / Contracts, contract law, Private or civil law: general, Medical & healthcare law, Criminal justice law, Medical and healthcare law, Legal Ethics & Professional Conduct, Legal ethics and professional conduct, Private International Law & Conflict Of Laws, Private / Civil law: general works, Private international law and conflict of laws