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The Ethics of ConsentTheory and Practice$
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Franklin Miller and Alan Wertheimer

Print publication date: 2009

Print ISBN-13: 9780195335149

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195335149.001.0001

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(p.251) 10 Contracts
The Ethics of Consent

Brian H. Bix (Contributor Webpage)

Oxford University Press

This chapter explores many of the issues relating to consent in contract law. The chapter proceeds as follows. Part I offers an overview of the nature of consent, before considering in general terms the elements of consent in contract law. Part II reviews the way that questions of consent are dealt with in Anglo-American contract law doctrine. Part III considers how recent principles and practices have raised new consent-related problems, and what the response has been from legislatures and courts. Finally, Part IV samples theories of contract law that focus on consent, before concluding.

Keywords:   contract law, consent, legal theory

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