28-2-401. When apparent consent not free.
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/mt/title-28/chapter-2/part-4/28-2-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.