Implied Consent Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Implied Consent, written in plain English, along with examples of how it is used.

What is Implied Consent?

When a consent is conveyed through facts, actions, or even by silence and which is understood by a man of reasonable mind, that the consent is inferred, it is known as implied consent. Such consents are not spoken or written, but is expected to be agreed as in case where a person bound by contract is supposed to behave or act in response in certain manner.

History and Definition of Implied Consent

Implied consent is a principle in law that suggests that a person has given consent even if they have not done so explicitly. It can be inferred from the actions or behavior of an individual, which can be understood with common sense. Implied consent applies to a wide range of legal situations, including medical procedures, contracts, and criminal law.

The principle of implied consent has its roots in common law and has evolved over time. In early common law, the concept of implied consent was based on the idea that certain actions, such as entering into a contract or seeking medical treatment, were sufficient to imply consent. As the law evolved, courts began to look at the specific circumstances of each case to determine whether implied consent existed.

Examples of Implied Consent

  1. Medical Procedures: When a patient goes to a doctor and allows treatment to be administered, it is generally assumed that the patient has given their implied consent.

  2. Employment Agreements: When an employee accepts a job offer, there are certain expectations and obligations that are understood and agreed upon even if not explicitly stated.

  3. Sports Participation: When participating in sports or athletic events, it is expected that the players have given their implied consent to some degree of physical contact or risk of injuries.

Legal Terms Similar to Implied Consent

  1. Express Consent: This is the opposite of implied consent where the consent is clearly communicated verbally or in writing.

  2. Informed Consent: This refers to the consent given after an individual has been provided with all the relevant information related to the task, procedure or action to enable them to make an informed decision.

  3. Consent Capacity: This refers to the level of legal competence or mental capacity needed to provide valid consent.