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6 - Reducing Opportunism

from Part III - The Regret Principle and the Opportunism Corollary: Application

Published online by Cambridge University Press:  08 February 2019

Nancy S. Kim
Nancy S. Kim
Affiliation:
California Western School of Law
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Summary

Opportunistic conduct has a negative effect on consent and undermines social trust necessary for cooperation and social cohesion. Chapter 6 addresses the second guiding principle of the consentability framework, the Opportunism Corollary, and suggests ways to reduce opportunism. These proposals include imposing a duty of candor in certain exchanges, imposing restrictions on advertisements and solicitation, and requiring training and licensing for certain activities.
Type
Chapter
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Consentability
Consent and its Limits
 , pp. 142 - 167
Publisher: Cambridge University Press
Print publication year: 2019

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