consent

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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 ?
In conjunction with receiving the requisite consents on July 1, 2019, Baxalta, Shire, Takeda and The Bank of New York Mellon Trust Company, N.A., as trustee, will promptly execute and deliver the fourth supplemental indenture to the Indenture, pursuant to which the Amendment will become operative.
"This enabled Orbital Marine Power and Magallanes Renovables to successfully install 2 MW tidal energy technologies at the site without having to obtain additional consents due to their technologies being rated over 1 MW.
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):
has announced it has received and accepted the requisite consents for its consent solicitation proposing certain amendments to the indenture governing the company's outstanding senior notes, the company said.
NEW YORK: VICI Properties 1 LLC and VICI FC Inc., VICI Properties Inc.'s indirect wholly-owned subsidiaries, commenced the solicitation of consents to amend (the "Proposed Amendments") the indenture dated as of October 6, 2017 governing the Notes.
NORDIC BUSINESS REPORT-May 15, 2018-Millicom to solicit consents for USD1,000m of senior notes
Consent: Necessarily, one person consents to a second's act only if the first intentionally or knowingly waives a claim against the second's act and the act satisfies the description associated with the waiver.
2013-14, the IRS provided guidance to tax return preparers about the format and content of taxpayer consents to disclose and consents to use tax return information and modified the mandatory language required on each taxpayer consent.
Robinson, Who's That Knocking at Your Door?: Third Party Consents to Police Entry, 77 FLA.
Aviation Capital Group Trust, an aircraft securitisation special purpose vehicle, said on Friday that it has received consents from the requisite number of noteholders for various amendments to its governing indenture.
Ater screening the client and explaining the procedure the client consents to the massage.
The revised regulations for IRC section 7216 are applicable to disclosures or uses occurring on or after January 1, 2009, and the focus is on the disclosure or use of return information and the consents needed from a taxpayer to enable tax preparers to disclose or use this information.