Consent is voluntary permission to receive or provide something in a legally binding contract or other circumstances. It creates the opportunity to make agreements between at least two entities, with one or both agreeing to initiate certain actions or avoid them in exchange for a certain outcome. Consent can be expressed, implied, or informed and is typically required for agreements to have legal power.
Three Concepts and Their Definitions
Express consent usually exists in the form of a written or verbal agreement and is often seen in contractual agreements. The express form of consent is understood as agreeing to something demonstrated “explicitly, either orally or in writing” (Bennett Moses et al., 2021, p. 5). Express consent is a common and strong manner of giving permission as it is clear and explicit. It requires that the parties seeking the agreement understand the terms of the consent and that they agree to them voluntarily. Next, the informed type of permission-giving is understood as consent that is “voluntary and decisionally capacitated” while also being preceded by a thorough discussion of the consequences of agreeing to an offer in question (Papageorgiou, 2019). Thus, informed agreement or consent refers to the open expression of the agreement after developing an adequate awareness of the matter and the outcomes of agreeing to something.
Implied consent is a form of accepting an offer in which one entity agrees to something without explicitly saying so. It can be defined as one party’s agreement with the other party’s action/position that is expressed non-verbally (for instance, using gestures) or by the lack of action in response to something (Kim, 2019). This form of agreement is assumed and can be inferred from cases’ circumstances. For example, if someone agrees to a contract without reading it, it can be assumed that they agreed to its terms, even if they did not explicitly say it. Also, nodding in response to some proposals can exemplify this term.
Similarities/Differences and Situations
The main difference between the three concepts is the level of understanding required for each approach to permission. The express form requires an explicit agreement between the parties involved, while implied consent is based on assumptions made by one party. The informed agreement imposes stricter expectations and requires optimal awareness to precede the act of expressing agreement explicitly, acting as the strongest guarantee of the deal’s legal power. One similarity between the three consent forms is that all of them seek to capture the consenting party’s permission to initiate certain actions (Kim, 2019; Papageorgiou, 2019). In this context, the express and informed forms of agreement share more similarities as they center on receiving more objective evidence of the party’s readiness to proceed with an offer (Kim, 2019; Papageorgiou, 2019). Therefore, they offer more protection to those reacting to proposals compared to the implied type.
Each type of expressing permission is used in specific contexts and situations. The express form finds active use in contract-making, including agreements to regulate the provision of services or purchasing/selling property (Kim, 2019). A person’s informed agreement is widespread in medical/healthcare settings and is obtained prior to implementing invasive or non-invasive interventions that might create risks for the care recipient (Kim, 2019; Papageorgiou, 2019). The implied agreement is utilized in various circumstances, including emergency situations in which the recipient’s explicit positive reaction is not required to initiate resuscitation interventions (Kim, 2019). It is also found in instances when committing one action implies accepting the consequences; for instance, making an appointment with a care provider implies readiness to receive services.
Conclusion
In conclusion, express, implied, and informed consent represent the forms of demonstrating agreement utilized in different scenarios. Express consent is the most common and strongest form of consent; it requires an explicit agreement between the parties involved. Implied permission-giving is based on assumptions made by one party and is not as strong as express consent. Informed consent is the strongest form of consent; it requires that the recipient is made aware of all relevant information before agreeing to something.
References
Bennett Moses, L., Taylor, S. M., Zhao, S., Nicholson, K., & De Sousa, T. (2021). Submission to phase 3 consultation–trusted digital identity bill package. UNSW Law Research Series, 1-7. Web.
Kim, N. S. (2019). Consentability: Consent and its limits. Cambridge University Press.
Papageorgiou, K. (2019). The analytic model of consent and the square of opposition. Conatus-Journal of Philosophy, 4(1), 79-98. Web.