§ 28-2-401 — When Apparent Consent Not Free

28-2-401 . When apparent consent not free. (1) An apparent consent is not real or free when obtained through:
(a) duress;
(b) menace;
(c) fraud;
(d) undue influence; or
(e) mistake.
(2) Consent is deemed to have been obtained through one of the causes mentioned in subsection (1) only when it would not have been given had such cause not existed.

Legislative History

En. Secs. 2112, 2113, Civ. C. 1895; re-en. Secs. 4973, 4974, Rev. C. 1907; re-en. Secs. 7475, 7476, R.C.M. 1921; Cal. Civ. C. Secs. 1567, 1568; Field Civ. C. Secs. 752, 753; re-en. Secs. 7475, 7476, R.C.M. 1935; R.C.M. 1947, 13-303, 13-304.