Montana State Fund v. Simms [12/29/10] 2010 MTWCC 40 This Court applies contract law to determine whether a settlement agreement is valid and enforceable.  Section 28-2-401, MCA, states that an apparent consent to contract is not real or free when obtained through duress, menace, fraud, undue influence, or mistake.  This Court has frequently entertained cases involving allegations of mutual mistake of fact, and the Montana Supreme Court has never challenged this Court’s jurisdiction to do so.  It stands to reason that if this Court has the jurisdiction to review the validity of a settlement under one of the enumerated bases of § 28-2-401, MCA, it therefore must have the jurisdiction to review settlements under the others.