Questions Legal

What is expressed consent?

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Prabha Yadev

Life is but a walking shadow

The word consent generally means to agree on something or to allow something to happen. To be more precise, it means agreement or permission. Consent is usually used in contracts wherein one party makes an offer to the other party and that the other party gives its consent. A contract is an agreement between two parties.

Now, consent can be implied as well as expressed.

Implied consent: Implied consent is broadly applied in the legal part. The word itself defines that approvals are not expressly granted by a person. It is only allowed through a person’s action, facts and circumstance of the situation. It means that the consent is given by way of conduct.

For example, at a bus stop, a bus comes and stops and you get on the bus. Now, let’s examine the statement. When the bus stops at the bus stop, it implicitly makes an offer for you to come on the bus. When you get on the bus, you create in implied consent. This is only the implied consent. The assumption of the implied consent is to permit doing something that is inferred for an individual action more or less explicitly provided.

Expressed consent:  Expressed consent is a term used for the permission which can be explicitly given either verbally or in writing. When implied consent and explicit consent are contrasted, the assumptions are inferred from the action of the individual part.

For example, you go to a shop and ask him to give something, say a bar of soap. The shopkeeper gives you the demanded soap. Here, when you ask for a bar of soap, you make an offer, and when the shopkeeper gives you the solvent, he gives his consent.

Similarly, when a military ship has to pass through another country, the government of the country to which the ship owes, writes a letter or talks to the government of the country through which the ship has to pass thereby making an offer, and the latter government gives his approval in writing or over the telephone. Then it is called expressed consent.


Abhinav Kumar

Still i rise

What does it mean by consent?  Well, it means when one agrees on certain things or give permission to someone to make something happen in practice. The concept of consent is popular in the medical industry.  In other words, we can say that consent happens when one individual voluntarily or non-voluntarily agrees to the desire or proposal of the other person. There are different types of consent and they are implied consent, informed consent, expressed consent and unanimous consent.  Expressed consent is one of the major consent whose application we can find in the medical industry.

A doctor can take a patient's informed consent in two different ways: one is via Express consent, and the other one is via implied consent. Now the Express consent happens when the patient is directly communicating his or her consent to the concerned doctor.

Expressed consent again can be of two types; verbal as well as nonverbal. An example of nonverbal: If a doctor asks for taking measurement of blood pressure of patient's and the patient to extend naturally an arm without uttering anything then that is nonverbal consent. If in the same situation, the patients verbally communicate the doctor to check the blood pressure then that is verbal express content.  In short, we can say that Expressed consent happens when one consciously understands the questions and gives you permission to give care.

It is important for the doctor or nurse to take consent of the patient before starting any treatment or procedure. Hope the above explanation gave you a clear idea about what exactly it means by expressed consent and how we can see its application in the industry. For a better understanding of the meaning of expressed consent, you can speak to a communication expert and learn in detail on the topic.

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