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There are three problems with positing the doctrine of implied consent as the death knell for criminal liability in competitive contact sport.
[1] as expanding the methods through which a wife could revoke her implied consent, but was not satisfied.
(60) There is a lack of implied consent cases under the Tariff Act, which is likely a consequence of the decision in Kmart v.
The implied consent doctrine is not as such an exception to the legal requirement of consent but rather a form of non-express consent, "implied from the words or conduct of the patient." (135) Therefore, it may be categorized as an exception to the requirement of explicit consent.
For example, with respect to the forced baptism of Jews in Christendom in the thirteenth century, although most insisted that Jewish conversion must be consensual, some argued the case for tacit or implied consent. Unless the Jew vocally and repeatedly refused baptism, one had to assume consent, in which case the baptism was valid and indelible.
The Supreme Court said that, "There is no defence of implied consent to sexual assault in Canadian law." Supreme Court Justice Claire L'Heureux Dube, wrote that McClung's ruling reflected archaic myths and stereotypes about the nature of women's involvement in sexual assault.
But she may have been sending social signals that were misunderstood by at least one observer, whose response was more enthusiastic than chivalrous, and who interpreted her presence in his hotel room as implied consent. Her visual presentation doesn't excuse his offensive behavior.
Similarly, courts have denied insurers and insureds the right to contract out of broad coverage for any person driving a vehicle with the express or implied consent of the owner or named insured.
Thus, the court upheld the district court's finding that Tuma was driving the vehicle with the implied consent of Gary, the owner.
Neither will some notion of implied consent. The fact that this patient voluntarily entered a teaching hospital does not carry much moral weight, since she probably did not have much choice.
When the notice is properly posted, anyone who enters the facility has demonstrated an implied consent to a search.