consent

(redirected from tacit consent)
Also found in: Dictionary, Thesaurus, Medical, Legal, Wikipedia.

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.
..... Click the link for more information.
). 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.
..... Click the link for more information.
 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.
..... Click the link for more information.
 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.
..... Click the link for more information.
) is a defense for the accused, unless a third party or the state is injured.
The Columbia Electronic Encyclopedia™ Copyright © 2013, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/

consent

age of consent the lowest age at which the law recognizes the right of a person to consent to sexual intercourse
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
References in periodicals archive ?
claimed that the nineteenth-century replacement of tacit consent with
enough to read "Consent" as including tacit consent implied by
Indeed, time is critical to conferring legitimacy on the kind of "tacit consent" that Locke discusses and that is integral to social contractarian democracy.
Tacit consent to the acquisition of property rights in previously unowned things provides us with a model as to how valid consent might occur.
"The notion that a cybercriminal in one of these countries operates without the knowledge and thus tacit consent of the government is difficult to accept.
The US drones, which operate with the tacit consent of Islamabad but fuel anti-US sentiment throughout the country, have mounted increasing attacks lately, pummeling the area believed to hide key Taliban-linked militants.
Special Forces are operating inside Pakistan with the army's tacit consent.
Will tacit consent suffice today, or is there now a need for documented and authorised consent?
Vattel posited a complicated classification of international law: there was "the necessary law of nations" (in effect, a natural law for nations) (8) and three species of "the positive law of nations"--the "voluntary" (predicated on presumed consent), "conventional" (predicated on express consent, and synonymous with the law of treaties), and the "customary" (predicated on tacit consent).
In the end, however, Madison came to rely on that old perennial of political philosophy--namely, implicit or tacit consent. "I find no relief from these consequences, but in the received doctrine that a tacit consent may be given to established Constitutions and laws, and that this assent may be inferred, where no positive dissent appears....
With devolved bodies asserting themselves in critical policy areas such as health, education and economic development, he argues that the best way to preserve Britain as a multinational state is to accept that the UK can no longer be based on tacit consent. Instead, it requires a constitutional settlement federal in character so the sovereignties of the Home Nations and the UK state can be recognised in their respective jurisdictions.
Defense Secretary Robert McNamara in Washington, Sato also said it would be possible for the United States to put such an operation into action immediately from the sea -- remarks that could be taken as tacit consent to bring nuclear arms into Japanese territory.