Montana Code 28-2-401. When apparent consent not free
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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.