HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
consent
Read a random definition: lex generalis
A quick definition of consent:
Consent: When someone agrees to something on their own, it's called consent. They have to be able to understand what they're agreeing to and not be forced or tricked into it. Consent is important in things like contracts and when people do things together. But if someone is hurt or hurt someone else, saying they agreed to it is usually not a good enough excuse. Sometimes people might act like they agree to something, but if they're scared or being forced, it doesn't count as real consent. Consent can be given by saying "yes" or by showing it in other ways.
A more thorough explanation:
Consent means that a person agrees to something on their own, without being forced or tricked into it. The person who agrees must be able to understand what they are agreeing to. Consent is important in contracts and can be used as a defense in some legal cases.
However, in cases of rape and sexual assault, consent is not valid if the person is being threatened or forced to agree. For example, if someone is being held at gunpoint and told to agree to sex, that is not real consent. Also, if someone is too young or not able to understand what they are agreeing to, their consent is not valid.
There are two types of consent: express and implied. Express consent is when someone says "yes" or signs a document to show they agree. Implied consent is when someone doesn't say "yes" but their actions show that they agree. For example, if someone goes to a doctor's office and sits down in the exam room, that can be seen as implied consent to be examined by the doctor.
Example: John asks Mary if he can borrow her car for the weekend. Mary says "yes" and gives John the keys. This is an example of express consent because Mary said "yes" directly.
Example: Sarah goes to a hair salon and sits down in the stylist's chair. The stylist starts cutting Sarah's hair. This is an example of implied consent because Sarah didn't say "yes" but her actions showed that she agreed to get her hair cut.