Also known as: apparent consents
Written by attorneys · grounded in primary & secondary sources — see below
A form of consent arising when one person's words or conduct are reasonably understood by another as manifesting willingness for conduct to occur. The resulting permission carries the same legal effect as actual consent even if the first person did not subjectively intend to grant it.
Adrian Aguilar told a facilities worker that his supervisor had ordered him to remove tablets from a locked closet. Believing the statement, the worker unlocked the door. Adrian then carried the tablets away for personal use. Because the worker reasonably understood Adrian's words as consent to access, the apparent consent prevented the taking from being treated as trespassory under larceny principles.
Anika Anand joined a recreational hockey game knowing that body checking was permitted under league rules. During play another participant delivered a check that caused injury. Because Anika's participation was reasonably understood as consent to the physical contact allowed by the rules, the contact did not give rise to liability for battery.
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Actual consent exists when a person is in fact willing for the conduct to occur. Apparent consent exists when words or conduct would lead a reasonable person to believe consent was given even if the person did not subjectively consent. Both have the same legal effect in barring tort liability.
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Yes. If the defendant's belief that consent existed was reasonable based on the plaintiff's words or conduct, the defendant is not liable even if the plaintiff secretly did not consent. Courts focus on the objective appearance of consent rather than undisclosed subjective intent.
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Yes. Apparent consent is limited to the scope that a reasonable person would understand from the words or conduct. If the defendant goes substantially beyond that scope, liability may still arise for the excess conduct.
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