Express consent

Definition

Express consent is a clear and direct agreement given by an individual, which can be communicated verbally or in writing, allowing someone to take a specific action that affects them. This type of consent is crucial in various legal contexts, as it provides an explicit indication that a person agrees to an action, often serving as a defense against claims of tort liability when consent is legally required.

5 Must Know Facts For Your Next Test

1. Express consent must be given voluntarily and without coercion for it to be valid in a legal context.
2. Written agreements often provide clearer evidence of express consent than verbal agreements, especially in complex situations.
3. Express consent can be revoked at any time before the action occurs, which must be respected by the other party.
4. In many legal scenarios, express consent serves as a complete defense against tort claims, effectively negating liability.
5. Certain actions may require express consent due to their invasive nature or potential for harm, such as medical procedures.

Review Questions

• How does express consent differ from implied consent in legal situations?
  • Express consent is given explicitly through direct communication, either verbally or in writing, while implied consent arises from a person's actions or the context of a situation. For example, when someone signs a contract to undergo surgery, they provide express consent. In contrast, if a person participates in a contact sport, their willingness to play might imply consent to the normal risks involved. Understanding this difference is vital in assessing liability and defenses in tort law.
• Discuss how express consent serves as a defense against tort claims such as assault and negligence.
  • Express consent acts as a solid defense against tort claims like assault and negligence by showing that the plaintiff agreed to the action that resulted in harm. For instance, if someone consents to a sports activity where they might get injured, they cannot typically claim negligence afterward. This defense hinges on the clear acknowledgment of risk and agreement to engage in the activity, reinforcing the importance of express consent in protecting individuals from liability.
• Evaluate the implications of express consent on personal autonomy and legal accountability within tort law.
  • The principle of express consent emphasizes personal autonomy by allowing individuals to control what happens to their bodies and personal interests. It requires that individuals be informed and voluntarily agree to actions that may affect them legally. This fosters legal accountability as parties cannot claim ignorance or victimization if they willingly engaged in an action after giving express consent. Therefore, understanding express consent is crucial for navigating legal responsibilities and rights within tort law.

Related terms

Implied Consent: Consent inferred from a person's actions, the facts and circumstances of a situation, rather than explicitly stated.

Negligence: A failure to take proper care in doing something, which can lead to harm or injury and is often a basis for tort claims.

Assault: An intentional act that causes another person to fear imminent harmful or offensive contact, which can be defended against if express consent is established.