Blood Does Not a Contract Make: A Response to Professor Nancy Kim

Abstract

This essay is a solicited response to Professor Nancy Kim's Article, Reasonable Expectations in Sociocultural Context, published at 45 Wake Forest L. Rev. 641 (2010). In contradistinction to Professor Kim's demand for greater recognition of diverse forms of contract formation, I argue that our larger society requires a more uniform standard to determine which contracts are enforceable. Nevertheless, I acknowledge that we are all also members of various subcultures, but when seeking enforcement of a contract within that subculture, I argue that we should go to forums established by that subculture.

Keywords: reasonable expectations, socioculture, sociocultural, assent, Kim v. Son, Marriage of Witten