Tare and Onome, long-time friends since their NYSC days, shared a bond of trust. Onome, a skilled shoe designer, sought to expand her business and considered Tare as a guarantor for a bank loan. She messaged him, “You’ve always shown integrity; I’d be honored if you’d be my guarantor. Thank you, God bless you!” Tare responded with a simple “Amen, God bless you.”
Assuming consent, Onome listed Tare as her guarantor. However, when the bank contacted Tare, he clarified that he had not given his explicit consent. The bank subsequently rejected Onome’s loan application.
Onome’ mistakes
She presumed Tare’s consent without obtaining explicit agreement.
She sent a message expressing gratitude, not requesting consent.
She didn’t receive a clear “yes” or confirmation from Tare and proceeded to list Tare as a guarantor without permission.
Tare’s Position
Tare: Received a message expressing gratitude, not a formal request.
Responded with appreciation, not consent.
Never explicitly agreed to be a guarantor.
In law, consent is a crucial element in various aspects, ensuring that individuals agree to:
1. Contracts: Validating agreements and transactions.
2. Medical procedures: Informed consent for treatments.
3. Marriage: Mutual agreement between partners.
4. Sexual activities: Enthusiastic and ongoing consent.
5. Business dealings: Partnerships, investments, and mergers.
6. Property transactions: Sales, leases, and transfers.
7. Legal proceedings: Settlements, plea bargains, and waivers.
Types of consent:
1. Express consent: Directly stated, oral or written.
2. Implied consent: Inferred from actions or circumstances.
3. Informed consent: Based on full understanding of facts.
4. Unanimous consent: All parties agree without objection.
Key elements of consent
1. Capacity: Parties must have the mental capacity to consent.
2. Voluntariness: Consent must be freely given, without coercion.
3. Knowledge: Parties must understand the consequences.
4. Withdrawal: Consent can be revoked at any time.
In Nigerian law, consent is crucial in various aspects. Here are some key areas where consent is essential:
1. Contract Law: Sections 115-117, Contract Act (2004) – emphasizes voluntary consent.
2. Marriage Law: Sections 42-44, Marriage Act (1990) – requires mutual consent.
3. Medical Law: Sections 22-25, National Health Act (2014) – informed consent necessary.
4. Criminal Law: Sections 282-284, Criminal Code Act (1990) – consent vital in sexual offenses.
5. Labour Law: Sections 13-15, Labour Act (2004) – employer-employee agreements require consent.
Landmark Cases
1. Oko v. Oko (2014) – emphasizes the importance of consent in marriage.
2. Ogbonna v. State (2013) – defines informed consent in medical procedures.
3. IGP v. Ndu (2017) – addresses consent in police investigations.
Consent laws vary by jurisdiction, but their importance remains universal. So ensure you get consent from anyone before you embark on anything that requires their input.
Always clarify the said consent to avoid misunderstandings.
Remember, explicit agreement is essential for financial commitments, and friendship does not automatically imply consent.
