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.