Legal Definitions - implied-license doctrine

The implied-license doctrine refers to a legal principle where permission or authority to do something is not explicitly stated in words or a written agreement, but is understood to exist either through someone's actions and behavior, or by specific provisions within a law. It means that even without a formal "yes," the circumstances or conduct suggest that permission has been granted.

This doctrine typically arises in two main ways:

• Implied by Conduct: When a person's actions, behavior, or the surrounding circumstances clearly indicate that they are granting permission for another to do something, even without saying so directly.
• Implied by Law (Statute): When a specific law or legal principle grants authority or permission in certain situations, even if no individual has explicitly given consent.

Here are some examples to illustrate the implied-license doctrine:

• Example 1: Entering a Retail Store

  Imagine a person walks into a clothing boutique during its posted business hours. There are no signs explicitly stating, "Customers are welcome to enter," nor does a store employee greet each person at the door to grant verbal permission. However, the store's open doors, displayed merchandise, and operating hours all constitute an invitation to the public.

  How it illustrates the doctrine: The store owner's conduct—opening the business to the public—creates an implied license for potential customers to enter the premises for the purpose of browsing and shopping. No explicit permission is needed because the actions of the business owner clearly indicate consent.

• Example 2: Using Public Wi-Fi

  A coffee shop offers free Wi-Fi to its customers. The network name is visible, and there's a sign that says "Free Wi-Fi for Customers." A customer purchases a coffee and then connects their laptop to the Wi-Fi network.

  How it illustrates the doctrine: By publicly advertising and making the Wi-Fi network available to customers, the coffee shop grants an implied license for patrons to use their internet service. The act of purchasing a coffee and connecting to the network, without needing to sign a separate agreement or ask for explicit permission, demonstrates the acceptance of this implied permission.

• Example 3: Emergency Access for Utility Workers

  During a severe winter storm, a large tree falls on private property, bringing down power lines and causing a widespread blackout in the neighborhood. A crew from the local power company arrives to clear the tree and repair the lines, needing to access a portion of the homeowner's backyard to do so.

  How it illustrates the doctrine: In many jurisdictions, laws grant utility companies an implied license or easement to access private property in emergency situations to maintain essential services like electricity. Even if the homeowner is not home or cannot be reached for explicit permission, the law provides the necessary authority for the utility workers to enter the property to address a public safety and service issue.