Consensus Ad Idem

An agreement of parties to the same thing; a meeting of minds. See Agreement. CONSENT (Lat, con, with, together, sentire, to feel). A concurrence of wills. Express consent is that directly given, either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, from which arises an inference that the consent has been given. Consent supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers. Fonblanque, Eq. b. 1, c. 2, s. 1. Consent is Implied in every agreement. See Agreement; Contract. Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given ought to be evinced in the manner pointed out by the creator of the power, or such power will not be considered as properly executed; 10 Yes. Ch. 308, 378. See as to consent in vesting or divesting legacies; 2 V. & B. 234;:: Yes. Ch. 239; 12 id. 19; 3 Bro. C. C 145; 1 Sim. & S. 172. As to implied consent arising from acts, see Estoppel in Pais. See Hakm Chand, Law of Consent. In Criminal Law. No act shall he deemed a crime if done with the consent of the party injured, unless it be committed in public, and is likely to provoke a breach of the peace, or tends to the injury of a third party; provided no consent can be given which will deprive the consenter of any Inalienable right; A. & E. Encyc; Desty, Cr. L. § 33. The one who gives consent must be capable various states a female child under a certain specified age cannot consent to sexual intercourse. See Rape.