PHIL 3000 Lecture Notes - Lecture 13: Condom
19 Jun 2018
School
Department
Course
Professor
Asianah Issy
PHIL 3000-R23 (6:00PM-7:15PM)
March 10th, 2018
What do you owe a contractor that has done unrequested work?
I owe the contractor nothing. During Sandel’s lecture he said ‘the mere fact of an agreement does
not establish its fairness’. The contractor had performed work that no one asked of him and
should not expect anything in return. The issue of consent and obligation is tricky. Hume makes
a fair case in that just because the contractor felt the house needed the work still did not give him
the right to go ahead and do the work and request to be paid. In such a case, the contractor could
go to any house, work on it and request to get paid although no one asked him to do so. There is
some type of silent and assumed consent that the contractor has assumed. Consent should always
be vocal and should be understood by both parties. You have done something I have not agreed
to and I should not be responsible for that. In the case of sexual consent for instance things are
very different. I would suggest this scenario. I meet a guy at a bar and we start talking and then
he kisses me. He asks to leave the bar and we go to his place. He proceeds to bring out a
condom. I say I would not like to be with him in that way. He has no right to mandate that I have
sex with him. We kissed and yes I did go home with him. However, I never agreed to have sex
with him. People may argue that the fact that I go home with the guy means I was interested in
him in that way. Again, there is this assumed consent that they feel I gave by going home with
him. The simple fact remains that I never said anything about having sex with him and he should
not feel obliged to have sex with someone because they came home with him. Consent should
never be assumed to avoid any problems when it comes to agreements and contracts.
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Document Summary
During sandel"s lecture he said the mere fact of an agreement does not establish its fairness". The contractor had performed work that no one asked of him and should not expect anything in return. The issue of consent and obligation is tricky. Hume makes a fair case in that just because the contractor felt the house needed the work still did not give him the right to go ahead and do the work and request to be paid. In such a case, the contractor could go to any house, work on it and request to get paid although no one asked him to do so. There is some type of silent and assumed consent that the contractor has assumed. Consent should always be vocal and should be understood by both parties. You have done something i have not agreed to and i should not be responsible for that. In the case of sexual consent for instance things are very different.
