Montana Code Annotated
Part 4. Circumstances Which Affect Validity of Apparent Consent
28-2-402. What constitutes duress

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 obtained or fraudulently made unjustly harassing or oppressive.
History: En. Sec. 2114, Civ. C. 1895; re-en. Sec. 4975, Rev. C. 1907; re-en. Sec. 7477, R.C.M. 1921; Cal. Civ. C. Sec. 1569; Field Civ. C. Sec. 754; re-en. Sec. 7477, R.C.M. 1935; R.C.M. 1947, 13-305.

Structure Montana Code Annotated