Home > West's Encyclopedia of American Law > 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 concept. 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 leaving 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 foreign 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...