27-1-412. Obligations which cannot be specifically enforced. The following obligations cannot be specifically enforced:
(1) an obligation to render personal service or to employ another therein;
(2) an agreement to marry or live with another;
(3) an agreement to perform an act which the party has not power to perform lawfully when required to do so;
(4) an agreement to procure the act or consent of the spouse of the contracting party or of any other third person; or
(5) an agreement the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
History: En. Sec. 4416, Civ. C. 1895; re-en. Sec. 6102, Rev. C. 1907; re-en. Sec. 8720, R.C.M. 1921; Cal. Civ. C. Sec. 3390; Field Civ. C. Sec. 1893; re-en. Sec. 8720, R.C.M. 1935; amd. Sec. 12, Ch. 535, L. 1975; R.C.M. 1947, 17-807; amd. Sec. 23, Ch. 684, L. 1985.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
Part 4. Specific and Preventive Relief
27-1-401. When specific or preventive relief permitted
27-1-402. How specific relief given
27-1-403. How preventive relief given
27-1-404. through 27-1-410 reserved
27-1-411. When specific performance of an obligation may be compelled
27-1-412. Obligations which cannot be specifically enforced
27-1-413. Specific performance not to be oppressive
27-1-414. Right to specific performance to be mutual
27-1-415. Parties who cannot be compelled to perform
27-1-416. Parties who cannot obtain specific performance
27-1-417. Specific performance by party who signed when other party did not sign contract
27-1-418. Liquidation of damages not a bar to specific performance
27-1-420. No specific performance of agreement to buy property when title not clear
27-1-422. through 27-1-430 reserved
27-1-431. Judgment for possession of or title to real property
27-1-432. Judgment for delivery of personal property
27-1-433. Cancellation of written instrument
27-1-434. Cost of care of animals seized in animal cruelty and animal fighting cases