9/8/2023 0 Comments Judicial consent definition![]() Implied consent can arise from the actor’s reasonable interpretation of objective circumstances or from the consenter’s conduct. The plaintiff’s consent is implied when the plaintiff fails to object, or is silent in a situation in which a reasonable person would object to the defendant’s actions. In tort law, implied consent is a defense to an intentional tort. The actor who gets the consent is bound by the consent and cannot exceed its scope. The person who gives consent can withdraw the consent anytime and should have the capacity to make valid consent. Implied consent, compared to express consent (where consent is directly and clearly given with explicit words), is the agreement given by a person’s action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person.
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