Also known as: express consent · implied consent · consent · informed consent
Written by attorneys · grounded in primary & secondary sources — see below
A form of agreement or permission to an act or transaction that is manifested either by explicit words or by conduct that reasonably indicates assent.
Evelyn Ellison handed her watch to Eduardo Enriquez after he claimed he needed only to inspect the clasp. Eduardo immediately left with the watch and never returned. Because Evelyn's consent rested on the misrepresentation, the taking is treated as trespassory.
Emma Erickson shipped goods across state lines through Eastern Electric. The company accepted the regulatory framework that accompanied interstate commerce. Emma's conduct illustrated implied consent in the transaction setting.
Ella Emerson served a complaint against Everest Holdings. Everest provided written consent to an amendment adding a new claim. The court accepted the amended pleading without further leave because the opposing party's express consent satisfied the rule.
Select any source to read its text and confirm it supports the definition.
Ewan Eckhart joined a government agency after representing Emerald Enterprises in a related matter. The agency gave informed consent in writing allowing Ewan to participate. Without that express consent the rule would have barred his involvement.
Emily Ellis granted Edgewater Capital a license to use a parking lot for deliveries during business hours. When the company used the lot at night the use exceeded the terms of the consent. The license therefore provided no privilege for the nighttime entries.
Evelyn Ellison told Eduardo Enriquez he could negotiate contracts on her behalf. Eduardo accepted the assignment and began contacting third parties. The mutual manifestations established the agency relation under the consent requirement.
Express consent is communicated by explicit words or a signed writing. Implied consent arises from conduct that a reasonable person would understand as assent. Both forms must be voluntary and within the scope understood by the parties.
Consent obtained by fraud or material misrepresentation is treated as invalid. The resulting taking or entry is therefore trespassory even though the victim physically surrendered possession. This rule applies in larceny by trick and in analogous tort and property contexts.
The scope is fixed by the reasonable understanding of the parties at the time consent is manifested. Later conduct that exceeds those terms is not privileged. Courts apply an objective standard to determine whether the particular act fell inside or outside the consent.
Silence alone does not create consent. Conduct that reasonably signals assent, such as handing over property or failing to object when a known risk is disclosed, can supply implied consent. The key inquiry is whether the actor's behavior would lead a reasonable person to believe permission had been granted.
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