Courts Typically Justify the Consent Exception by Two Separate Tests

question 73

Short Answer

Courts typically justify the consent exception by two separate tests: first, the _______________ which mandates the consent was obtained without coercion or promises and was, therefore, reasonable.

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Definitions:

Market Failure

A circumstance where goods and services are distributed ineffectively by a market operating without restrictions, commonly leading to a decline in social welfare.

Allocate Resources

The process of distributing available resources among various competing needs and wants in order to achieve desired outcomes efficiently and effectively.

Efficiently

Attaining the highest level of efficiency by minimizing unnecessary effort or cost.

Externality

A financial consequence related to a product or service that results in advantages or expenses for individuals not involved in making decisions about the amount of production or consumption.