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. History: En. Secs. […]
28-2-402. What constitutes duress. Duress consists in: (1) unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; (2) unlawful detention of the property of any such person; or (3) confinement of such person, lawful in form but fraudulently […]
28-2-403. What constitutes menace. Menace consists in a threat of: (1) such duress as is specified in subsections (1) and (3) of 28-2-402; (2) unlawful and violent injury to the person or property of any such person in circumstances described in 28-2-402; or (3) injury to the character of any such person. History: En. Sec. 2115, Civ. C. 1895; re-en. […]
28-2-404. Kinds of fraud. Fraud is either actual or constructive. Actual fraud is always a question of fact. History: En. Secs. 2116, 2119, Civ. C. 1895; re-en. Secs. 4977, 4980, Rev. C. 1907; re-en. Secs. 7479, 7482, R.C.M. 1921; Cal. Civ. C. Secs. 1571, 1574; Field Civ. C. Secs. 756, 759; re-en. Secs. 7479, 7482, R.C.M. 1935; […]
28-2-405. What constitutes actual fraud. Actual fraud, within the meaning of this part, consists in any of the following acts committed by a party to the contract or with the party’s connivance with intent to deceive another party to the contract or to induce the other party to enter into the contract: (1) the suggestion as a […]
28-2-406. What constitutes constructive fraud. Constructive fraud consists of: (1) any breach of duty that, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under the person in fault by misleading another person to that person’s prejudice or to the prejudice of anyone claiming under that person; or (2) any act […]
28-2-407. What constitutes undue influence. Undue influence consists of: (1) the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person; (2) taking an unfair advantage of […]
28-2-408. Kinds of mistake. Mistake may be either of fact or law. History: En. Sec. 2121, Civ. C. 1895; re-en. Sec. 4982, Rev. C. 1907; re-en. Sec. 7484, R.C.M. 1921; Cal. Civ. C. Sec. 1576; Field Civ. C. Sec. 761; re-en. Sec. 7484, R.C.M. 1935; R.C.M. 1947, 13-312.
28-2-409. What constitutes mistake of fact. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in: (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a […]
28-2-410. What constitutes mistake of law. Mistake of law constitutes a mistake, within the meaning of this part, only when it arises from: (1) a misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or (2) a misapprehension of the law […]
28-2-411. Mistake of foreign laws — mistake of fact. Mistake of foreign laws is a mistake of fact. History: En. Sec. 2124, Civ. C. 1895; re-en. Sec. 4985, Rev. C. 1907; re-en. Sec. 7487, R.C.M. 1921; Cal. Civ. C. Sec. 1579; Field Civ. C. Sec. 764; re-en. Sec. 7487, R.C.M. 1935; R.C.M. 1947, 13-315.
