 Rights-based and claim-based solutions to the nonidentity problem face certain challenges. The first, from Parfit, is that it is questionable whether an act an individual would not “regret” and would even applaud can violate a right or constitute a failure to discharge a duty. If it can, surely it does so only in some formal way but not in a way that is sufficient to show that the act is morally wrong. When respect for the right or claim can be seen in advance not to promote the interests of the rights-holder in any way, the better view might be that the right has been implicitly “waived” or the violation implicitly consented to (Parfit 1987, 364–65 and 373–74). Similarly, the right or claim against bodily injury may be considered waived, or the violation consented to, when one arrives at the hospital unconscious and in immediate need of open heart surgery. We don’t think that whatever formal rights violation there may have been in such a case supports the inference that what the surgeon has done is morally – or indeed legally – wrong.