What Is Implied Consent?

Implied consent is a legal doctrine and a legal concept, most often used in reference to the assumed consent that two parties have to an agreement or contract due to their apparent intention. This is distinct from expressed consent, meaning explicit agreement to an arrangement in which all applicable parties are aware. In some cases, courts will infer implied consent from a person’s conduct and actions, even if they never expressly agreed.

Examples of Implied Consent

One example of implied consent is the act of checking out a library book. By taking the book, the patron has implicitly and tacitly consented to return the book within the allotted time frame, and to pay any applicable fines if they don’t. Therefore, the library is within their rights to pursue a patron for failure to comply with such agreement.

Implied consent is similar to that of consent by silence. For instance, a person may be contacted by a phone-call from a company or individual. By not responding to the contact, the person is demonstrating implied consent for a business partnership. The silence is indicative of the person’s agreement to the proposal.

Implied Consent in the Digital Age

In the digital age, implied consent is also assumed when a person downloads a smartphone application or logs in to a website. By downloading the application or logging in, the user has implicitly accepted the contract or agreement presented to them. This agreement includes privacy policies, terms of service, and more. Staying logged in to a site or app, or failing to take affirmative action to opt-out of a cookie policy serves as implied consent.

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Implied consent is a legal concept that can have significant implications from both a business and consumer standpoint. It’s important to understand the implications of the concept, and to be aware of it in any type of business transaction or agreement.

Related Legal Concepts

Understanding implied consent often goes hand in hand with implied contract formation, where parties create binding obligations through their conduct rather than explicit words. This concept also relates closely to implied warranty protections that automatically attach to certain transactions, and the broader principle of informed consent which requires explicit understanding of terms and conditions. These doctrines all share the common thread of creating legal obligations based on reasonable expectations derived from party behavior.

The Bottom Line

Implied consent demonstrates how the law can create binding obligations even without explicit agreement, based on a person’s actions and circumstances. This doctrine protects reasonable expectations in everyday transactions while requiring individuals to be mindful that their conduct may create legal responsibilities. For guidance specific to your situation, always consult a qualified, licensed attorney.