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Consent
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==Types== * An express consent is one that is unmistakably stated, rather than implied. It may be given in [[writing]], e.g. [[contract]],<ref name="x951">{{cite journal | title=Contracts is Not Promise; Contract is Consent | journal=Suffolk University Law Review | date=8 March 2021 | volume=45 | page=647 | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/sufflr45&div=34&id=&page= | access-date=11 August 2024 | last1=Barnett | first1=Randy E. }}</ref> by [[spoken words|speech]] (orally), or [[nonverbal communication|non-verbally]], e.g. by a clear gesture such as a nod. Non-written express consent not evidenced by witnesses or an audio or video recording may be disputed if a [[Party (law)|party]] denies that it was given. * [[Implied consent]] is consent inferred from a person's actions and the facts and circumstances of a particular situation (or in some cases, by a person's silence or inaction). Examples include unambiguously soliciting or initiating sexual activity or the implied consent to physical contact by participants in a hockey game or being assaulted in a boxing match. * [[Informed consent]] in medicine is consent given by a person who has a clear appreciation and understanding of the facts, implications, and future consequences of an action. The term is also used in other contexts, such as in social scientific research, when participants are asked to affirm that they understand the research procedure and consent to it, or in sex, where informed consent means each person engaging in sexual activity is aware of any positive statuses (for sexually transmitted infections and/or diseases) they might expose themselves to. * [[Unanimous consent]], or general consent, by a group of several parties (e.g., an [[Voluntary association|association]]) is consent given by all parties. * Substituted consent, or the substituted judgment doctrine, allows a decision maker to attempt to establish the decision an incompetent person would have made if they were competent.<ref name="sub">{{cite book |last=Garner |first=Bryan |date=2011 |title=Black's Law Dictionary |publisher=West Publishing Co. |page=726 }}</ref> * Advance consent, where consent is given in advance, is generally considered not valid<ref name="r449"/> with certain exceptions depending on [[jurisdiction]] for [[advance healthcare directive]]s,<ref name="b306">{{cite journal | last1=Oliver | first1=Jill | last2=Petropanagos | first2=Angel | last3=Chidwick | first3=Paula | title=Final consent, advance consent and alleviating suffering in frail adults requesting MAiD | journal=Canadian Medical Association Journal | volume=194 | issue=18 | date=9 May 2022 | issn=0820-3946 | pmid=35534025 | pmc=9259404 | doi=10.1503/cmaj.81239 | pages=E652}}</ref> commercial [[contract]]s,<ref name="n697">{{cite journal | title= Choice, Consent, and Cycling: The Hidden Limitations of Consent | journal=Mich. L. Rev. | url=https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mlr104§ion=44 | access-date=21 July 2024}}</ref> and other.<ref name="h877">{{cite journal | last=Koshan | first=Jennifer | title=Marriage and Advance Consent to Sex: A Feminist Judgment in <Em>R v. JA</Em> | journal=OΓ±ati Socio-Legal Series | date=28 December 2016 | ssrn=2891024 | url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2891024 | access-date=21 July 2024}}</ref><ref name="g112">{{cite journal | title=Sexual Advance Directives | journal=Ala. L. Rev. | date=8 March 2021 | volume=68 | page=1 | url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/bamalr68&div=5&id=&page= | access-date=21 July 2024 | last1=Boni-Saenz | first1=Alexander A. }}</ref><ref name="m597">{{cite journal | last1=Grigorovich | first1=Alisa | last2=Kontos | first2=Pia | last3=Heesters | first3=Ann | last4=Martin | first4=Lori Schindel | last5=Gray | first5=Julia | last6=Tamblyn Watts | first6=Laura | title=Dementia and sexuality in long-term care: Incompatible bedfellows? | journal=Dementia | volume=21 | issue=4 | date=2022 | issn=1471-3012 | pmid=34904897 | pmc=9189437 | doi=10.1177/14713012211056253 | pages=1077β1097}}</ref> * Consent can be defined according to [[substantive equality]].<ref name="r449">{{cite journal | last=Cunliffe | first=Emma | title=Sexual Assault Cases in the Supreme Court of Canada: Losing Sight of Substantive Equality? | journal=Supreme Court Law Review | date=2012 | ssrn=2111652 | url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2111652 | access-date=21 July 2024}}</ref> * In international law, consent involves states, not individuals. Consent is a crucial principle of international law that necessitates the agreement of all relevant parties for any changes in rules to be legally binding. However, some legal scholars propose that a consensus among states, rather than the explicit consent of each state, may be the standard by which a rule is considered obligatory and enforceable.<ref>Christoph Stumpf, "Consent and the Ethics of International Law Revisiting Grotius's System of States in a Secular Setting." ''Grotiana'' 41.1 (2020): 163-176.</ref>
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