Joanna Demaree-Cotton and Roseanna Sommers, ‘Autonomy and the Folk Concept of Valid Consent’, 224 Cognition 105065 (2022). Much of contract law – including the doctrines pertaining to contract formation and to defects in the contracting process (such as mistake and duress) – revolves around the question of whether the parties have expressed a valid will or consent. Drawing the line between valid and invalid consent preoccupies other spheres of law as well, such as tort law (for example, in the context of consent to a medical treatment) and criminal law (eg, the distinction between voluntary sex and rape). In contract law, special challenges are posed by the fact that nowadays the great majority of contracts (some would say 95% to 99% of the written contracts) are made through standard forms, where one party – be it a consumer or a commercial customer – does not meaningfully participate in setting the terms of the transaction … (more)
[Eyal Zamir, JOTWELL, 5 December 2022]
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