Also known as: without consent · absent consent · non-consensual · lack of consent
Written by attorneys · grounded in primary & secondary sources — see below
The absence of permission or agreement from the party whose interests or rights are affected by an act or transaction.
Warren Woods directs an innocent delivery driver to remove equipment from Wade Watson's storage unit and deliver it to a remote site. Warren then moves the equipment a short distance to conceal it. Because Wade never agreed to the removal, the taking satisfies the trespassory element required for larceny.
Wilma Wright created a revocable trust naming herself as sole beneficiary and Westbrook Dynamics as trustee. When she later decides to terminate the trust and reclaim the assets, the trustee's objection does not prevent revocation because the trust terms allow termination without trustee approval.
Select any source to read its text and confirm it supports the definition.
Wendy Wu's shipping company operates vessels between State A and foreign ports. State A enacts a surcharge on all outbound containers without first obtaining congressional approval. The surcharge violates the constitutional prohibition on state duties on exports absent congressional consent.
Woodridge Manufacturing leases space to Willow West under a lease containing a restraint on the landlord's right to assign its interest. When Woodridge attempts to sell the building to a third party, Willow refuses consent. The restraint on alienation is valid, but Willow may not withhold consent unreasonably under the lease terms.
Wanda Weaver removes a fourteen-year-old child from the child's home without obtaining permission from either parent. The removal occurs to facilitate commission of another felony. The absence of parental consent renders the confinement unlawful and supports a kidnapping charge.
Waverly Insurance, a citizen of State B, files a damages action in federal court against State B for breach of a state contract. No congressional abrogation or state consent appears in the record. The Eleventh Amendment bars the suit because the state has not consented to the federal forum.
Consent obtained through misrepresentation is treated as invalid, rendering the taking trespassory. The law deems the victim to have given no effective permission when the defendant secures custody by deceit.
A trust is revocable by the settlor without the consent of the trustee or any person holding an adverse interest. The trustee therefore cannot prevent revocation by withholding agreement.
No state may lay imposts or duties on imports or exports without the consent of Congress, except for inspection laws whose net proceeds go to the United States Treasury. Any such duty enacted without consent violates the constitutional restriction.
A restraint on the landlord's alienation is valid, but the tenant may not withhold consent unreasonably unless the lease grants an absolute right to refuse. Reasonableness is measured by the freely negotiated terms of the lease.
…one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against…