consent

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Related to implied consent: tacit consent

consent,

in law, active acquiescence or silent compliance by a person legally capable of consenting (see age of consentage of consent,
the age at which, according to the law, persons are bound by their words and acts. There are different ages at which one acquires legal capacity to consent to marriage, to choose a guardian, to conclude a contract, and the like.
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). It may be evidenced by words or acts or by silence when silence implies concurrence. Actual or implied consent is necessarily an element in every contractcontract,
in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law.
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 and every agreement. In criminal charges, the consent of the party injured (if not obtained by fraudfraud,
in law, willful misrepresentation intended to deprive another of some right. The offense, generally only a tort, may also constitute the crime of false pretenses. Frauds are either actual or constructive.
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 or duressduress
, in law, actual or threatened violence or imprisonment, by reason of which a person is forced to enter into an agreement or to perform some other act against his will.
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) is a defense for the accused, unless a third party or the state is injured.

consent

age of consent the lowest age at which the law recognizes the right of a person to consent to sexual intercourse
References in periodicals archive ?
Review your existing emailing lists and note which Canadians (persons and entities) listed have given express or implied consent to receive CEMs and the dates of their consents.
Implied consent is a concept that arises in legal fields where consent plays a role, including contractual (63) and sexual relationships.
mean either affirmative, express consent or tacit, implied consent.
As a doctrine that arises from the implied consent of copyright holders, fair use--according to Ball--excuses, rather than defines, infringing conduct.
While concluding that the implied consent doctrine did apply to the Act, the appellate court noted that "the defendant cannot compel employees to relinquish their statutory rights.
144) This discussion arose in the context of an appellate opinion on the alleged deficiency of trial counsel for his failure to raise the issue of implied consent as a defense.
Because implied consent also operates as a waiver of sovereign immunity pursuant to section 1498, such authorization and consent must be narrowly construed.
The primary legal bar to criminal liability is implied consent or assumption of risk.
Documentation surrounding the original recordings was studied in detail, and even though this was generally positive, and offered an implied consent, the interviewees often talked on issues designated as sensitive in the Data Protection Act (health, voting preferences etc.
It addresses such subjects as corpus delicti; lawyer/client relationships; chemical evidence presumptions; pre-trial investigation; discovery; obtaining defense analysis of chemical evidence; implied consent laws; plea bargaining techniques; and jury selection.
When a statement of that nature is made against the Holy Father, silence on our part would have implied consent.
The code further states that the recipient's implied consent is not sufficient unless the person is an existing customer who has been given the opportunity to opt out.