27-1-212. When award of interest discretionary. In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. This section does not apply in actions for recovery of damages arising from injury to a person or property brought against a governmental entity under Title 2, chapter 9, parts 1 through 3, as amended.
History: En. Sec. 4281, Civ. C. 1895; re-en. Sec. 6044, Rev. C. 1907; re-en. Sec. 8663, R.C.M. 1921; Cal. Civ. C. Sec. 3288; Field Civ. C. Sec. 1836; re-en. Sec. 8663, R.C.M. 1935; amd. Sec. 3, Ch. 234, L. 1977; R.C.M. 1947, 17-205.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
27-1-202. Right to compensatory damages
27-1-203. Right to damages for detriment resulting after suit brought and for future detriment
27-1-204. Nominal damages when no appreciable detriment
27-1-205. through 27-1-209 reserved
27-1-212. When award of interest discretionary
27-1-213. Validity of interest rate set by contract
27-1-214. Waiver of interest by accepting principal
27-1-215. through 27-1-219 reserved
27-1-220. Punitive damages -- when allowed -- limitation
27-1-221. Punitive damages -- liability -- proof -- award
27-1-222. Exemplary damages for inhumane injuries to animals