Written consent: Overview, definition, and example
What is written consent?
Written consent refers to an explicit, written agreement or approval given by one party to another. It is a formal authorization that is usually provided in writing to confirm that consent or approval has been granted. This can apply to a variety of scenarios, such as agreeing to a contract term, authorizing a specific action, or giving permission for something to take place. Written consent is often required in legal or contractual matters to ensure clarity and avoid misunderstandings.
For example, a business might require written consent from an employee to release their personal information to a third party.
Why is written consent important?
Written consent is important because it serves as a clear, tangible record of an agreement or permission. It provides evidence that a party has agreed to a specific term or action, which can be crucial in legal disputes. By having written consent, parties can avoid misunderstandings or conflicts over whether consent was given, as it leaves a documented trail.
For businesses, obtaining written consent helps ensure that actions are legally authorized, protects against liability, and ensures that both parties are on the same page regarding agreements or permissions.
Understanding written consent through an example
Imagine a company that wants to use a customer’s image in a marketing campaign. The company needs to obtain written consent from the customer, confirming that they agree to the use of their image in the advertisements. This written consent serves as documentation that the customer has granted permission, ensuring the company is legally protected in case of any future disputes.
In another example, a tenant might provide written consent to a landlord to allow maintenance workers to enter the apartment for repairs. The written consent ensures the landlord has the tenant’s permission to enter and avoid any legal issues related to trespassing or unauthorized entry.
An example of a written consent clause
Here’s how a written consent clause might look in a contract:
“The Parties agree that any action requiring consent under this Agreement must be provided in writing, and no verbal agreement or approval shall be considered valid. Written consent must be signed and dated by the appropriate parties before proceeding.”
Conclusion
Written consent is a formal and legally recognized way of granting permission or approval in various situations. It provides clarity and protects all parties involved by ensuring that consent is explicit and documented. Whether for contractual agreements or other authorizations, obtaining written consent is essential for avoiding misunderstandings and safeguarding legal rights.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.