Legal Definitions - implied consent

Implied consent refers to an agreement that is not directly stated through explicit words or written documentation, but rather is inferred from a person's actions, inactions, or the surrounding circumstances. A reasonable person would understand that consent has been given based on these observable cues.

For consent to be valid, the person giving it must have the mental capacity to do so, and they retain the right to withdraw their consent at any time. The individual or entity receiving the implied consent is bound by its scope and cannot exceed the actions that were implicitly agreed upon.

Here are some examples illustrating implied consent:

• Participating in a Social Activity:

  Imagine you are at a social gathering, and someone extends their hand to you for a handshake. By extending your own hand in return and grasping theirs, you are giving implied consent to the brief, customary physical contact of a handshake. You haven't verbally said, "I agree to shake your hand," but your action clearly communicates your willingness to engage in this common social gesture.

  How it illustrates implied consent: Your action of extending your hand is interpreted by a reasonable person as an agreement to the handshake. If you did not consent, you would likely keep your hands to yourself or verbally decline.

• Using a Public Service:

  Consider a situation where you enter a public library, select a book, and proceed to the checkout counter. By presenting the book to the librarian, you are giving implied consent to borrow the book under the library's established rules and policies, which typically include returning it by a certain date and paying any late fees. You don't explicitly state your agreement to these terms, but your action of checking out the book signifies your acceptance.

  How it illustrates implied consent: Your conduct of using the library's service and attempting to check out a book implies your agreement to adhere to the library's borrowing terms, which are publicly known or readily available.

• Emergency Property Access:

  Suppose a severe storm causes a large tree from your property to fall onto your neighbor's roof, creating a significant hole and immediate water damage. You are away on vacation and unreachable. Your neighbor calls a tree removal service and a roofing company, who need to access your yard to address the emergency and prevent further damage to both properties.

  How it illustrates implied consent: In this emergency, the law generally recognizes implied consent for the workers to enter your property to mitigate immediate danger and prevent greater harm. While you haven't given explicit permission, the urgent circumstances and the need to protect property imply that a reasonable person would consent to such necessary actions.