consent

consent in law, active acquiescence or silent compliance by a person legally capable of consenting (see age of consent ). It may be evidenced by words or acts or by silence when silence implies concurrence. Actual or implied consent is necessarily an element in every contract and every agreement. In criminal charges, the consent of the party injured (if not obtained by fraud or duress ) is a defense for the accused, unless a third party or the state is injured.

consent sb. XIII. — OF. consente, f. consentir (whence consent vb. XIII) — L. consentīre agree, accord, f. CON- + sentīre feel (see SENSE).

consent (kŏn-sent) n. agreement to undergo medical treatment or to participate in medical research. Four conditions must apply for consent to be valid: 1) the patient must be given sufficient information (see informed consent); 2) the patient must be competent, i.e. he or she must have the capacity to understand, retain, and weigh up the information and to make a rational decision; 3) the patient must be in a position to decide voluntarily, i.e. without external pressure; and 4) the patient must communicate his or her decision. The law requires consent to be evidenced in writing only in special cases, such as recruiting a subject to a clinical trial. The need to obtain informed consent before proceeding with treatment is precluded in three circumstances: emergency, incompetence, and therapeutic privilege.