Implied consent

• In instances when the State takes private property for public use
or purpose (eminent domain) 


• When the State enters into a business contract (in jure gestionis
or proprietary functions) 


• When it would be inequitable for the State to invoke its immunity. 


• If the government files a complaint, the defendant may file a

counterclaim against it. When the state files a complaint, suability
will result only where the government is claiming affirmative relief
from the defendant.