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Types of consent
|This section does not cite any references or sources. (March 2011)|
- Implied consent is a controversial form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction).
- Expressed consent may be in verbal, nonverbal or written form and is clearly and unmistakably stated.
- Informed consent is contrast to uninformed consent
- Unanimous consent, or general consent, is a parliamentary procedure. This is when all parties are of one mind. It is contrast to single-sided consent or unanimous.
Consent can be either expressed or implied. For example, participation in a contact sport usually implies consent to some limited contact by other participants. Express consent exists when verbal or written contractual agreement occurs. Businesses may require that persons sign a waiver (called a liability waiver) acknowledging and accepting the hazards of an activity. Thereafter, the person may be prevented from filing a tort lawsuit.
In English law, the principle of volenti non fit injuria applies not only to participants in sport, but also to spectators and to any others who willingly engage in activities where there is a risk of injury. Consent has also been used as a defense in cases involving accidental deaths during sex, which occur during sexual bondage. Time (May 23, 1988) referred to this latter example, as the "rough-sex defense" but it is not effective in English law when serious injury or death results.
As a term of jurisprudence prior provision of consent signifies a possible defence (an excuse or justification) against civil or criminal liability. Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question occurred with the plaintiff or "victim's" prior consent and permission.
The question of consent is important in medical law. For example, a surgeon may be liable in trespass (battery) if they do not obtain consent for a procedure. There are exemptions, such as when the patient is unable to give consent.
Also, a surgeon must explain the significant risks of a procedure (those that might change the patient's mind about whether or not to have it) before the patient can give binding consent. This was explored in Australia in Rogers v. Whitaker (1992) 175 CLR 479. If a surgeon does not explain a material risk that subsequently eventuates, then that is considered negligent. These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure.
Some countries, such as New Zealand with its Resource Management Act and its Building Act, use the term "consent" for the legal process that provide planning permission for developments like subdivisions, bridges or buildings. Achieving permission results in getting "Resource consent" or "Building consent".
- Age of consent
- Assumption of risk
- Consent of the governed
- Sociocracy (decision-making by consent)
- Volenti non fit injuria
- Consent Definition from Merriam-Webster dictionary.
- Assent definition from Merriam-Webster dictionary
- Chester v. Afshar  1 AC 134
- Chappel v. Hart (1998) 195 CLR 232