Also known as: express consent · implied consent · consent express or implied
Written by attorneys · grounded in primary & secondary sources — see below
Agreement manifested by words or conduct that authorizes another to act in a particular way. Words or affirmative statements create express consent. Conduct, silence, or surrounding circumstances create implied consent when they reasonably indicate authorization.
Eduardo Enriquez lies unconscious after a train accident. A physician at the hospital amputates his leg to save his life without first obtaining permission. The physician's action rests on implied consent arising from the emergency circumstances.
Edgewater Capital signs a franchise agreement containing a clause designating Florida courts for all disputes. When sued in Florida, the company objects to personal jurisdiction. The clause supplies express consent that binds the parties.
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Eugene Ellsworth leases equipment under a contract naming a New York resident as agent for service of process. When sued in New York, Ellsworth claims lack of jurisdiction. The contractual designation constitutes express consent to jurisdiction.
Emerald Enterprises ships machinery to New Jersey distributors knowing the products will reach end users there. A New Jersey plaintiff sues for injury caused by the machine. The company's purposeful placement of goods in the forum supports implied consent to jurisdiction.
Emanuel Escobar participates in discovery and pretrial motions in a federal case without raising a personal jurisdiction defense. After an adverse ruling, Escobar moves to dismiss for lack of jurisdiction. The litigation conduct supplies implied consent to the court's authority.
Esther Eisenberg obtains a French judgment against Enzo Eastwood and seeks enforcement in the United States. Eastwood argues the French court lacked jurisdiction. Recognition turns on whether Eastwood gave express or implied consent to the foreign proceeding.
Express consent occurs through explicit statements or written agreements. Implied consent arises when parties litigate an unpleaded issue fully without objection, allowing the court to treat it as if raised in the pleadings.
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Participation through discovery, motions, or other affirmative steps without timely objection can constitute implied consent. Courts examine whether the conduct manifests a voluntary submission to the forum's authority.
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Implied consent permits extension only when a reasonable person would agree and postponement would cause disproportionate harm. If the physician knows the patient would refuse, liability may attach despite the emergency.
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…since it required only a finding that the out-of-state driver had used the State's roads. By contrast, both the fictions of implied consent to service on the part of a foreign corporation and of corporate presence required a finding that the corporation was "doing business" in the forum State. Defining the criteria for making…