He does not appear to have retained consent who has changed anything under the direction of a threatening party.

Explanation

Consent extracted by threat or coercion is no consent — a man who acts under duress acts not from his own will but from the will of his oppressor.

Where this applies

• A business owner signs a contract after being threatened with regulatory retaliation, and the court finds that his signature was coerced rather than voluntary.
• A homeowner agrees to sell her property after a government official threatens costly code inspections if she refuses, and the agreement is voided as made under duress.
• An employee transfers company assets to a third party after his supervisor threatens to fire him if he does not comply — the transfer is set aside because no true consent existed.

See also

• 3.6.12 He who errs does not consent.
• 6.1.1 Consent makes the law.