Private Law Theory

INTRODUCTION
When, why, and in what ways, do a person’s errors have a bearing on whether they validly consent to another person’s conduct? One answer relies on the scope of consent. Consider the following schematic set of facts. Y owes X a set of consent-sensitive duties not to perform some set of token acts {v1-vn}. A consent-sensitive duty (not) to perform an act is a duty (not) to perform an act that depends on a person’s consent. Normally, such a duty is pro tanto and is owed to the consenter … (more)

Victor Tadros, Beyond the Scope of Consent, Philosophy and Public Affairs, volume 50, issue 4, Fall 2022, pages 430-466. First published: 10 September 2022.