Legal Definitions - permission

Permission refers to the formal or informal authorization given by someone who has the authority to allow an action or access. It grants a person the liberty or right to do something that would otherwise be prohibited or restricted.

There are two main types of permission:

• Express Permission: This occurs when permission is clearly and directly communicated, either verbally, in writing, or through unmistakable actions. There is no ambiguity about whether authorization has been granted.
• Implied Permission: This type of permission is not explicitly stated but is understood or inferred from circumstances, actions, or the usual conduct of individuals. It's based on what a reasonable person would conclude from the situation.

Here are some examples illustrating the concept of permission:

• Example 1 (Express Permission - Written)

  A tenant wants to paint their rented apartment a non-standard color. Their lease agreement states that any modifications to the property require the landlord's written consent. The tenant sends a formal request to the landlord, who then replies with an email stating, "I grant you permission to paint the living room and bedroom walls light blue, provided you use a washable paint."

  Explanation: This is an instance of express permission because the landlord explicitly communicated their authorization in writing, specifying the exact conditions under which the painting is allowed. There is no room for misinterpretation regarding what is permitted.

• Example 2 (Implied Permission - Conduct)

  A local coffee shop has a small outdoor patio with tables and chairs. There are no signs explicitly stating that customers can use the patio, but the doors leading to it are always open during business hours, and staff frequently clean the tables. Customers regularly sit there to enjoy their drinks.

  Explanation: This demonstrates implied permission. While no one explicitly says "you may use the patio," the coffee shop's actions—leaving the doors open, maintaining the area, and not deterring customers—create a reasonable inference that patrons are welcome to use the outdoor seating. The permission is understood through their conduct.

• Example 3 (Express Permission - Verbal and Action)

  A child asks their neighbor if they can retrieve their soccer ball, which has rolled into the neighbor's unfenced backyard. The neighbor, standing in their garden, smiles, waves their hand towards the ball, and says, "Go right ahead, sweetie!"

  Explanation: This is another example of express permission. The neighbor directly communicated their consent both verbally ("Go right ahead") and through a clear gesture (waving towards the ball), making it unmistakable that the child was authorized to enter the yard to retrieve their toy.