IMPLIED CONSENT
Consent that is inferred from signs, actions, or facts, or by inaction or silence.
Implied consent differs from express consent, which is communicated by the spoken or
written word.
Implied consent is a broadly based legal con-
cept. Whether it is as valid as express consent
depends on the situation and the applicable law.
For example, the owner of a car generally is
liable for an accident caused by someone who
drove that car with his or her consent. In many
states, that consent can be express or implied,
and implied consent may arise from seemingly
innocuous actions. For instance, a habit of leav-
ing the keys in the car’s ignition may under law
imply that the owner consents to anyone else’s—
even a car thief ’s—driving the car.
Corporations that conduct business in a for-
eign state—that is, any state other than the state
of incorporation—impliedly consent to be
bound by the laws of the foreign state and to be
subject to the foreign state’s jurisdiction. The
rationale supporting this application of the
implied consent rule is basic: a corporation that
reaps the benefits of conducting business in a
state also should be subject to the laws and the
courts of that state. The fact that the corporation
has business in the foreign state is all that is
needed for a finding of implied consent.
Implied consent as the result of inaction is
most commonly found in litigation procedures.
For instance, a party to a lawsuit may have the
