implied consent

implied consent
That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption or inference that the consent has been given. An inference arising from a course of conduct or relationship between the parties, in which there is mutual acquiescence or a lack of objection under circumstances signifying assent. Allstate Ins. Co. v. State Farm Mutual Automobile Ins. Co., 260 S.C. 350, 195 S.E.2d 711, 713 (use of motor vehicle).
For example, when a corporation does business in a state it impliedly consents to be subject to the jurisdiction of that state's courts in the event of tortious conduct, even though it is not incorporated in that state. Most every state has a statute implying the consent of one who drives upon its highways to submit to some type of scientific test or tests measuring the alcoholic content of the driver's blood. In addition to implying consent, these statutes usually provide that if the result of the test shows that the alcohol content exceeds a specified percentage, then a rebuttable presumption of intoxication arises

Black's law dictionary. . 1990.

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  • implied consent — index acquiescence Burton s Legal Thesaurus. William C. Burton. 2006 implied consent …   Law dictionary

  • Implied consent — is a 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). The term is most… …   Wikipedia

  • implied consent — noun a) The assumed agreement that a person would approve a course of action if asked, when that person is not presently able to be asked. The man was unconscious, but the paramedics had his implied consent to treat him. b) Consent given by… …   Wiktionary

  • implied consent — consent which is understood without being explicitly stated …   English contemporary dictionary

  • implied consent — That manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption or inference that the consent has been given. An inference arising from a course of conduct or relationship between the parties, in which there is… …   Black's law dictionary

  • implied consent — Law. a manifestation of consent to something through conduct, including inaction or silence. [1965 70] * * * …   Universalium

  • implied consent — Law. a manifestation of consent to something through conduct, including inaction or silence. [1965 70] …   Useful english dictionary

  • implied consent — Acquiescence. By the prosecutrix in a prosecution for rape:–conduct of such nature as to create in the mind of the accused an honest and reasonable belief of free submission to the carnal act, 44 Am J1st Rape § 12; failure to oppose the carnal… …   Ballentine's law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • consent — con·sent n 1 a: compliance in or approval of what is done or proposed by another; specif: the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usu. who has knowledge… …   Law dictionary

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