Page:United States Statutes at Large Volume 47 Part 1.djvu/1216

 1192 abieonsent when void- SEC. 496. CONSE NT, WHEN VOIDA BLE .-A conse nt wh ich is not free is nevertheless not absolutely void, but may be rescinded by the parties, in the manner prescribed by sections 580 to 583. Post, pp. 1201, 1337. Post, p. 1193. Post, p. 1193. Pcat, p. 1201. 72d CONGRESS. SESS. II. CH. 128. FEB RU ARY 27, 1933. CROSS REFERENCE Rescission of contracts, see sections 580 et seq ., and 1645 et seq. Apparent consent. SEC. 497. APPARENT CONSENT, WHEN NOT FREE .-Ail apparent con- se nt is not re al or fr ee wh en obtained thr ou gh 1. Duress ; 2. Menac e ; 3. Fraud ; 4. Undue influence ; o r , 5. Mistake. CROSS R ENCEs Duress, defined, see section 499. Menace, defined, see section 500. Fraud, defined, see section 501. Undue influence, defined, see section 505. Mistake, defined, see sections 506 and 507. Re cissi on, w here conse nt ob taine d by mista ke, d uress, men ace, fraud, or undue influence, see section 581. when deemed to have barn obtained SEc, 498. WH EN DEEMED TO HA VE BE EN OBTAINED BY FRAUD, AND SO by fraud, etc. FoRTH.-Consent is deemed to have been obtained th ro ugh one of the causes mentioned in section 49 7 only when it would not have been given had such cause not existed. "D SEC. 499. DURESS, WRAT .-Duress consists in: 1. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor, descendant, or adopt ed 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 obtained, or fraudulently made unjustly harassing or oppressive . CROSS REF >,fesno si Post, p. 1201. Rescission of contract for duress, see section 581. "Menace ." SEC . 500. ME NA CE, WUAT.-Menace consists in a threat : 1. Of such duress as is specified in subdivisions one and three of section 499 ; 2. Of unlawful and violent injury to the person or property of any suc h person as is specified in se cti on 499 ; or, 3. Of injury -to the character of any such person . CROSS R scs Post,p.1201. Rescission of contract for menace, see section 581. Fraud, actual or con- SE C. 501 FRAUD, ACTUAL OR CONSucuCTIVE :Fraud is e ither actu al. ,tructive. or construc t ive. CROSS REFERENOE Post, p. 1201. Rescission of contract for fraud, see section 581. SEC. 502. ACTUAL FRAUD, WHAT .-Actual fraud, within the mean- ing of this subchapter, consists in any of the following acts, com- mitted by a art y to the contract, or wit h his connivance, wi th intent to deceive another party thereto, or to induce him to en ter into the contract : "Actual fraud ."