28-2-401. When apparent consent not free. (1) An apparent consent is not real or free when obtained through:

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(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.