IMPLY CONSENT Meaning and
Definition
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"Implied consent" refers to a legal concept that signifies consent being understood or inferred based on a person's actions, rather than expressed explicitly through verbal or written means. In this context, it indicates that someone has given their consent by conducting themselves in a manner that suggests agreement or permission.
Implied consent is often utilized when there is an implicit understanding between two parties, and one party reasonably assumes that the other party has agreed or would agree to a particular action or circumstance. This assumption is typically made based on the normal or expected behaviors and customs within a given context or relationship.
The concept of implied consent is frequently applied in various legal scenarios, such as in healthcare, where it refers to the assumption that a patient has granted permission for a medical procedure or treatment due to their seeking medical help. In these situations, consent is inferred from the patient's presence and actions.
It is important to note that implied consent varies by jurisdiction and context, and the specific circumstances and nature of the relationship will determine its validity. While implied consent is generally accepted in many situations, explicit consent is always considered the most legally secure and ethical option to ensure clarity and avoid any potential misunderstandings or disputes.
Etymology of IMPLY CONSENT
The phrase "imply consent" consists of two separate words: "imply" and "consent".
The word "imply" is derived from the Latin verb "implere", meaning "to fill up or complete". Over time, the meaning evolved to "to involve or enfold". In English, it came to mean "to suggest or express indirectly".
The word "consent" also originated from Latin, taken from the verb "consentire", which combines "con" (meaning "with" or "together") and "sentire" (meaning "to feel" or "to think"). Therefore, it implies a mutual agreement or shared thinking.
When these two words are combined, "imply consent" means to suggest or indicate agreement or approval indirectly rather than expressly stating it.
