Legal Definitions - implied permission

Implied permission refers to consent or authorization that is not explicitly stated or directly communicated, but is instead inferred or understood from the surrounding circumstances, the actions of the parties involved, or established customs and practices. It is a form of permission that arises by implication rather than by direct declaration.

Here are some examples to illustrate implied permission:

• Entering a Retail Store: When a person walks into a clothing store during its posted business hours, they are operating under implied permission. The store owner has not verbally granted each individual permission to enter, nor is there typically a sign explicitly stating "you may enter." However, by opening the doors, displaying merchandise, and having staff present, the owner implies permission for potential customers to enter, browse, and potentially make purchases. This permission is inferred from the common understanding of how retail businesses operate.

• Delivery Driver on a Driveway: A package delivery driver parks their vehicle on the street and walks up the paved driveway of a residential home to leave a package at the front door. The homeowner has not explicitly granted the delivery driver permission to step onto their property. However, it is a widely accepted custom and expectation that delivery personnel will use the most direct path, such as a driveway, to perform their duties. The presence of a driveway leading to the front door, without any "no trespassing" signs or barriers, implies permission for individuals with legitimate business, like deliveries, to access that specific area.

• Guest Using a Restroom at a Party: During a dinner party at a friend's house, a guest needs to use the restroom and proceeds to do so without asking the host for explicit permission. While the host didn't specifically say, "feel free to use the bathroom," the act of inviting someone into their home for a social gathering generally carries an implied permission for guests to use common facilities like the restroom. It's an unstated understanding based on social etiquette and the nature of hospitality.