Wednesday, April 16, 2014

Skirting the Grey Area - Implied VS Explicit Consent

Implied consent is consent or the surrender of power without the usage of language or action acknowledging so. One such example would be the penny tray at a convenience store: there is no explicit sign stating a contract one enters when using the penny tray, it is implied that the store allows customers to leave and take pennies from the tray. The usage of implied consent is definitely a useful tool, it allows unspoken rules to take place which allow a simpler and faster consent. The only issue with implicit consent is that the simplicity and speed of the unspoken contract, allows there to be many gray areas in the contract. Since there are no explicit guidelines in the contract, one could argue that the implicit contract or consent was in effect in other ways than convention. To bring back the penny tray analogy, there is no sign on the tray which says "Use for Cash Register transactions only." There is no explicit prohibition that someone can take all the change from the tray. It is instead assumed by the regular usage of the tray for such purpose. If there was no such implied consent given by the store owner, the owner could argue that the customer was stealing from the store, as the pennies were like any other merchandise within the store.

To piggyback on the penny case, the usage of implicit consent should be morally acceptable when there is little to no backlash or effect on other people or their belongings if something can be misconstrued. The only issue with this is whether the leaving of a penny in the tray is a form of consent by a customer that the penny is now public domain. We might argue that it is explicit consent as the customer placed it in the tray, but we pointed out that there are no explicit rules listen in the tray. If the bounds of public domain is the tray or counter then does that mean someone counting their money on the counter or perhaps they left it on the penny tray to count makes their money that they are counting now public domain?

Perhaps a major issue regarding the topic of implied consent is skirt length. Unfortunately, many argue that those who wear skirts that are too short or that those who wear immodest clothing, invite or provide implicit consent for others to take part in sexual activities with them. Or to put it simply "Ask for it."

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