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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Blackstone 2019
Archbold 2019 out now
Apil clinical negligence
Tolleys health
Chitty 33rd
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Consentability: Consent and Its Limits

ISBN13: 9781316616550
To be Published: April 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £26.99

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. The #MeToo movement, for example, has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of our cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryogenics? Consumer travel to Mars? Assisted suicide?

In Consent and Consentability, Nancy Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

Contract Law, Criminal Law
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
List of Cases
List of Statutes