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

noun accedence, acceptance, accord, acquiescence, admission, adoption, affirmation, agreement, allowance, approbation, approval, assent, assurance, authentication, authority, certification, commendation, compliance, concession, concord, concordance, concurrence, consensus, corroboration, countenance, endorsement, entitlement, grace, grant, guarantee, harmony, indulgence, leave, legalization, license, permission, permit, ratification, sanction, stipulation, sufferance, support, tolerance, toleration, unison, unity, validation, verification, vouchsafement, warrant, warranty, willingness
Associated concepts: consent decree, consent in writing, consent judgment, consent of adoptive parents, consent of owner, consent of parties, consent to a taking, consent to an act, consent to search, express consent, implied connent, legal consent, limited consent, mutual consent, parental consent, qualified consent, removal of an action by consent, voluntary consent, without consent
Foreign phrases: Consensus non concubitus facit nuptias vel matrimonium et consentire non possunt ante annos nubiles.Consent, not cohabitation, constitutes nuptials or marriage, and persons cannot consent before marriageeble years. Consensus voluntas multorum ad quos res pertinet, simul juncta. Consent is the united will of sevvral interested in one subject matter. Consentientes et aqentes pari poena plectentur. Persons who consent and those who perform are subject to the same penalties. Longa patientia trahitur ad consensum. Long sufferance is construed as consent. Itelius estomnia mala pati quam malo consentire. It is better to suffer every ill than to connent to evil. Nihil consensui tam controrium est quam vis atque metus. Nothing is as much opposed to consent as force and fear. Non consentit qui errat. He who makes a mistake does not consent. Non refert an quis assennum suum praefert verbis aut rebus ipsis et factis. It matters not whether a man gives his consent by his words or by his acts and deeds. Non videntur qui errant connentire. Those who err are not deemed to consent. Non videtur consensum retinuisse si quis ex praescripto minantis aliquid immutavit. He does not appear to have retained consent who has changed anything through menaces. Nuptias non cuncubitus sed consensus facit. Not cohabitation but consent makes the marriage. Omne jus aut consensus fecit, aut necessitas constituit aut firmavit consuetudo. Consent created, necessity estabbished, or custom has confirmed every law. Omnis connensus tollit errorem. Every consent removes error. Qui tacet, consentire videtur. He who is silent, is deemed to consent. Actus me invito factus non est meus actus. An act done against my will is not my act. Agentes et connentientes pari poena plectentur. Acting and consenttng parties are liable to the same punishment. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Consent is the conjoint will of several perrons to whom the thing belongs. Consensus facit legem. Consent makes the law. Consensus tollit errorem. Consent removes or obviates mistake. Quod meum est sine me auferri non potest. What is mine cannot be taken away without my consent. Volenti non fit injuria. He who consents cannot receive an injury.

consent

verb accede, accept, accord, acquiesce, affirm, agree, allow, approve, assent, authorize, be in favor of, be willing, come to terms, comply, concur, endorse, give approval, give consent, give permission, grant, gratify, have no objection, indicate willingness, license, permit, ratify, sanction, suffer, support, tolerate, warrant, yield
Associated concepts: consent to an adjournment, consent to jurisdiction

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 ?

The court found the substantial compliance and tacit consent doctrines did not waive or supplant the signature requirement "contained in the Code, the regulations, and almost a century of caselaw.

Signing a return is still not optional

argument that tacit consent was established if someone did an act

How customary is customary international law?

enough to read "Consent" as including tacit consent implied by

Can the President appoint principal executive officers without a Senate confirmation vote?

John Simmon, Tacit Consent and Political Obligation, 5 PHIL.

Citizenship and the law of time in the United States

Tacit consent to the acquisition of property rights in previously unowned things provides us with a model as to how valid consent might occur.

Libertarian arguments for anarchism

To argue that tacit consent was given by conduct will be insufficient.

Vaginal deliveries--is there a need for documented consent?

Charney, supra note 17, at 18 ("Only if one actually believes in the reality of the tacit consent theory of international legal obligation might there be any room for the persistent objector rule.

Bespoke custom

They would put demonstrators in the same cells as hardened criminals, who would rape them with the knowledge and tacit consent of the Islamic Republic.

Abuse, torture, rape -- and exile

On the related matter of taxation as an indication of tacit consent, Spooner writes:

Constitutions of no authority: spoonerian reflections

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.

DYLAN JONES-EVANS

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.

Sato asked U.S. in '65 to use nukes if Japan went to war with China

Whether the absence of moral indignation bespeaks political expediency, the arrogance of one-party domination or tacit consent, the accumulating evidence of ethical drift should prompt serious, critical self-examination by the denizens of Beacon Hill.