consent


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Related to consent: age of consent

Consent

Voluntary Acquiescence to the proposal of another; the act or result of reaching an accord; a concurrence of minds; actual willingness that an act or an infringement of an interest shall occur.

Consent is an act of reason and deliberation. A person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates consent by performing an act recommended by another. Consent assumes a physical power to act and a reflective, determined, and unencumbered exertion of these powers. It is an act unaffected by Fraud, duress, or sometimes even mistake when these factors are not the reason for the consent. Consent is implied in every agreement.

Parties who terminate litigation pursuant to a consent judgment agree to the terms of a decision that is entered into the court record subsequent to its approval by the court.

In the context of rape, submission due to apprehension or terror is not real consent. There must be a choice between resistance and acquiescence. If a woman resists to the point where additional resistance would be futile or until her resistance is forcibly overcome, submission thereafter is not consent.

consent

1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.

consent

agreement with another on the same matter.
1 a defence to a civil action for assault.
2 a defence to some criminal charges but not murder.
3 an essential element in the formation of a contract.
4 an essential element in the formation of a marriage.

CONSENT. An agreement to something proposed, and differs from assent. (q.v.) Wolff, Ins. Nat. part 1, SSSS 27-30; Pard. Dr. Com. part 2, tit. 1, n. 1, 38 to 178. Consent supposes, 1. a physical power to act; 2. a moral power of acting; 3. a serious, determined, and free use of these powers. Fonb. Eq. B; 1, c. 2, s. 1; Grot. de Jure Belli et Pacis, lib. 2, c. 11, s. 6.
     2. Consent is either express or implied. Express, when it is given viva voce, or in writing; implied, when it is manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given.
     3. - 1. When a legacy is given with a condition annexed to the bequest, requiring the consent of executors to the marriage of the legatee, and under such consent being given, a mutual attachment has been suffered to grow up, it would be rather late to state terms and conditions on which a marriage between the parties should take place;. 2 Ves. & Beames, 234; Ambl. 264; 2 Freem. 201; unless such consent was obtained by deceit or fraud. 1 Eden, 6; 1 Phillim. 200; 12 Ves. 19.
     4. - 2. Such a condition does not apply to a second marriage. 3 Bro. C. C. 145; 3 Ves. 239.
     5. - 3. If the consent has been substantially given, though not modo et forma, the legatee will be held duly entitled to the legacy. 1 Sim. & Stu. 172; 1 Meriv. 187; 2 Atk. 265.
     6. - 4. When trustees under a marriage settlement are empowered to sell "with the consent of the husband and, wife," a sale made by the trustees without the distinct consent of the wife, cannot be a due execution of their power. 10 Ves. 378.
     7. - 5. Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given, ought to be evinced in the manner pointed out by the creator of the power, or such power will not be considered as properly executed. 10 Ves. 308. Vide, generally, 2 Supp. to Ves. jr. 161, 165, 169; Ayliffe's Pand. 117; 1 Rob. Leg.. 345, 539.
     8. - 6. Courts of equity have established the rule, that when the true owner of property stands by, and knowingly suffers a stranger to sell the same as his own, without objection, this will be such implied consent as to render the sale valid against the true owner. Story on Ag. Sec. 91 Story on Eq. Jur. Sec. 385 to 390. And courts of law, unless restrained by technical formalities, act upon the principles of justice; as, for example, when a man permitted, without objection, the sale of his goods under an execution against another person. 6 Adolph. & El 11. 469 9 Barn. & Cr. 586; 3 Barn. & Adolph. 318, note.
     9. The consent which is implied in every agreement is excluded, 1. By error in the essentials of the contract; ,is, if Paul, in the city of Philadelphia, buy the horse of Peter, which is in Boston, and promise to pay one hundred dollars for him, the horse at the time of the sale, unknown to either party, being dead. This decision is founded on the rule that he who consents through error does not consent at all; non consentiunt qui errant. Dig. 2, 1, 15; Dig. lib. 1, tit. ult. 1. 116, Sec. 2. 2. Consent is excluded by duress of the party making the agreement. 3. Consent is never given so as to bind the parties, when it is obtained by fraud. 4. It cannot be given by a person who has no understanding, as an idiot, nor by one who, though possessed of understanding, is not in law capable of making a contract, as a feme covert. See Bouv. Inst. Index, h.t.

References in periodicals archive ?
Even if promise-based duties to kill people and break things on command can compete against duties owed to people who do not consent to be killed, the former duties are relevant only if they are strong enough to override the latter duties.
Commercial/solicitation calls or text messages to cell phones made via a device with autodialer capacity as well as commercial calls to landlines using pre-recorded messages are potentially subject to TCPA prior express written consent requirements.
Every human being of adult years and sound mind has a right to determine what will be done with his own body; and a surgeon who performs an operation without his patient's consent commits an assault, for which he is liable in damages.
The Consent Solicitation has also been amended to extend the date for the meeting of Noteholders to 29 August 2019 and the deadline by which voting instructions must be submitted to 27 August 2019.
Emec's application for a site-wide Section 36 consent at Billia Croo is for a maximum installed generating capacity of 20 MW across the site.
Consent, however, is given no definition under the law, which says only that schools must provide a "discussion on what constitutes it."
As of the Original Expiration Date, the following aggregate principal amounts of each series of the Existing Goldcorp Notes have been validly tendered and not validly withdrawn (and consents thereby validly delivered and not validly revoked):
"Having evaluated this case with that close scrutiny, we are confident that the jury's verdicts would have been the same had the judge correctly instructed the jury on how to proceed if they found that the victim initially consented to sexual penetration and then withdrew her consent during intercourse."
The Children's Act [1] provides that the superintendent, or the person in charge of the hospital, in the absence of the superintendent, may consent to surgery on an otherwise legally competent child, subject to the following: the treatment or operation is necessary to preserve the life of or save the child from serious or lasting physical injury or disability (section 129(6)(a)); or the need for the treatment or operation is so urgent that it cannot be deferred to obtain the consent that would otherwise have been required (section 129(60)(b)).
The company currently anticipates total fees related to the consent solicitation to be approximately USD 11 million, inclusive of consent, broker and investment banking fees.
The GOC's Standards of Practice, and specifically our Consent Guidance, may help you figure out what you need to do to obtain your patients' consent and understanding.
Each indenture requires the valid consent of the holders of a majority in aggregate principal amount outstanding of the relevant notes for the adoption of the proposed amendments and for the execution of an amended and restated indenture giving effect to the proposed amendments.