If actual consent is given due to a substantial mistake, when is it considered valid?

In the context of valid consent amidst substantial mistakes, the correct answer hinges on the principle that if the defendant did not cause the mistake, then the consent remains valid. This aligns with the idea that for consent to be invalidated due to a mistake, that mistake must typically be caused or induced by the actions or representations of the other party. If the defendant is not responsible for the misunderstanding, the consent given is considered valid—even if it was based on a substantial mistake.

When analyzing the appropriateness of the mistake in question, it is essential to recognize that parties must maintain accountability for their representations and the impact of those statements or actions on consent. If a mistake occurs independently of the defendant’s actions, it does not undermine the validity of the consent given.

The other considerations, such as misrepresentation, coercion, or the minor nature of a mistake, all involve circumstances that could potentially lead to invalidating consent, especially if the defendant’s behavior played a role in creating the mistake or if the mistake significantly alters the terms of the agreement. However, when the mistake does not stem from any misrepresentation or conduct of the defendant, the consent stands firm and retains its legal effect.