What type of consent is invalid if given under duress?

Actual consent is a term used to indicate that a person has willingly and knowingly agreed to a particular action or transaction. When consent is given voluntarily and free from any coercion or pressure, it can be deemed valid. However, if consent is obtained under duress, such as threats or other forms of coercive pressure, it undermines the willingness and freedom involved in giving that consent.

Duress impacts the validity of actual consent because it indicates that the consenting party is not truly exercising their free will. Instead, they are being compelled to agree to something against their better judgment or desires due to the presence of serious intimidation or threats. This lack of voluntary agreement means that the consent is not legally binding or enforceable.

In terms of the other types of consent, presumed consent typically refers to scenarios where consent is accepted based on the circumstances, and implied consent generally involves consent inferred from a person’s actions rather than explicitly stated. Apparent consent involves a situation where a reasonable person would believe that consent was given based on the context. While these forms of consent may have their complexities, the key aspect that sets actual consent apart is its requirement for voluntary agreement without coercion; thus, it becomes invalid under duress.