PHILOS 1B03 Chapter Notes - Chapter Foucault : Unconscionability, Implied Consent, Professional Responsibility
26 Nov 2016
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Case study - power and consent: norberg v. wynrib, pp. Appellant became the subject of a criminal investigation and was charged with obtaining narcotic prescription drugs from a doctor without disclosing particulars of prescriptions from other doctors. Appellant soon sought damages against the respondent on the grounds of sexual assault. At trial, appellant admitted that respondent did not us physical force and also testified that he did things for her. At issue, here was whether appellant should be allowed to recover damages. Assumption of individual autonomy and free will is not confined to offence law: autonomy us the underlying premise of contract law, supposition of contract law: two parties agree or consent to a course of action. It must be noted that in the law of contracts, proof of unconscionable transaction involves a two-step process: (1) = proof of inequality in the positions of the parties, (2) proof of an improvident bargain.
