If consent is obtained through duress or fraud, it may be considered what?

When consent is obtained through duress or fraud, it can be considered rescinded because such consent is not genuinely given. Duress refers to situations where one party is forced into an agreement under threat, which undermines the voluntary nature of their consent. Similarly, fraud involves deception that causes one party to enter into a contract based on false information, again impacting the authenticity of the agreement.

In legal terms, rescission is a remedy that nullifies a contract when one party's consent is compromised, thereby returning both parties to their pre-contractual positions. This is critical in contract law, as the foundation of any valid agreement is the voluntary and informed consent of all parties involved. Therefore, if consent is obtained under duress or fraud, the contract is not enforceable, leading to its rescission. This emphasizes the importance of honor and integrity in contractual relationships.