What is CONSENT? Definition of CONSENT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A concurrence of wills. Voluntarily yielding the will to the proposition of another; acquiescence or compliance therewith. Twin Ports Oil Co. v. Pure Oil Co., D.C.Minn., 26 F.Supp. 366, 371. Agreement; the act or result of coming into harmony or accord. Glantz v. Gabel, 66 Mont. 134, 212 P. 858, 860.
Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. 1 Story, Eq.Jur. § 222; Lervick v. White Top Cabs, La.App., 10 So.2d 67, 73. It means voluntary agreement by a person in the possession and exercise of sufficient mentality to make an intelligent choice to do something proposed by another. People v. Kangiesser, 44 Cal. App. 345, 186 P. 388, 389. It supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Fonblanque, Eq. b. 1, c. 2, s. 1; New Jersey Mfrs' Casualty Ins. Co., 148 A. 790, 791, 106 N.J.L. 238. Consent is implied in every agreement. It is an act unclouded by fraud, duress, or sometimes even mistake. Heine v. Wright, 76 Cal.App. 338, 244 P. 955, 956.
There is a difference between consenting and submitting. Every consent involves a submission; but a mere submission does not necessarily involve consent. 9 Car. & P. 722.
"Consent" is an active acquiescence as distinguished from "assent," meaning a silent acquiescence. People v. Lowe, 205 N.Y.S. 77, 78, 209 App.Div. 498. "Consent" means an active circumstance of concurrence; "assent" is a passive act of concurrence before another does the act charged. Perryman v. State, 63 Ga.App. 819, 12 S.E.2d 388, 390. But the two terms may be used interchangeably. Bartlett v. Sundin, 169 N.Y.S. 391, 393, 182 App.Div. 117. "Consent" is sometimes synonymous merely with "waiv er." Dahlquist v. Denver & R. G. R. Co., 52 Utah, 438, 174 833, 844. See, also, Seegmiller v. Day, C.C.A.Ill., 249 F. 177, 178; Toledo Fence & Post Co. v. Lyons, C.C.A.Ohio, 290 F. 637, 640.
As used in the law of rape "consent" means consent of the will, and submission under the influence of fear or terror cannot amount to real consent. Hallmark v. State, 22 Okl. Cr. 422, 212 P. 322, 328. There must be an exercise of intelligence based on knowledge of its significance and moral quality and there must be a choice between resist- ance and assent. State v. Schwab, 109 Ohio St. 532, 143 N. E. 29, 31. And if woman resists to the point where further resistance would be useless or until her resistance is over- come by force or violence, submission thereafter is not "consent". People v. Mcllvain, 130 P.2d 131, 135, 55 Cal. App.2d 322.
See Assent.
Consent decree. See Decree.
Consent judgment. See Judgment.
Express Consent. That directly given, either viva voce or in writing. It is positive, direct, unequivocal consent, requiring no inference or implication to supply its meaning. Pacific Nat. Agricultural Credit Corporation v. Hagerman, 40 N.M. 116, 55 P.2d 667, 670.
Express or Implied Consent. Under motor vehicle liability insurance law providing that policy should cover any person responsible for operation of insured vehicle with insured's express or implied consent, words "express or implied consent" primarily modify not the word "operation", but the word "responsible", and imply possession of vehicle with consent of owner and responsibility to him. Hurley v. Flanagan, 313 Mass. 567, 48 N. E.2d 621, 624.
Implied Consent. That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Avery v. State, 12 Ga.App. 562, 77 S.E. See State v. Horton, 247 Mo. 657, 153 S.W. 1051, 1053; White v. White, 84 N.J.Eq. 512, 95 A. 197, 199.
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That's the definition of CONSENT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
