Consentability

Nancy S. Kim is Professor of Law and Internet Studies 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 and The Fundamentals of Contract Law and Clauses: A Practical Approach.

• 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.

'Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are 'reasons to doubt the invincibility of consent', and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.' Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine