28-1-1212. Objections to mode of offer -- waiver. All objections to the mode of an offer of performance that the creditor has an opportunity to state at the time to the person making the offer and that could then be made unnecessary by the person are waived by the creditor if not then stated. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property offered, the creditor shall specify the amount, terms, or kind that the creditor requires.
History: En. Sec. 2036, Civ. C. 1895; re-en. Sec. 4945, Rev. C. 1907; re-en. Sec. 7447, R.C.M. 1921; Cal. Civ. C. Sec. 1501; Field Civ. C. Sec. 722; re-en. Sec. 7447, R.C.M. 1935; R.C.M. 1947, 58-424; amd. Sec. 9, Ch. 117, L. 1979; amd. Sec. 760, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 12. Extinction of Obligation by Offer of Performance
28-1-1201. When obligation extinguished by offer of performance
28-1-1203. Offer of partial performance ineffective
28-1-1204. Who must make offer of performance
28-1-1205. To whom offer must be made
28-1-1206. Where offer may be made
28-1-1207. When offer must be made
28-1-1208. Offer of late performance with compensation
28-1-1209. Offer to be made in good faith
28-1-1210. Offeror to be able and willing to perform
28-1-1211. When offer may be conditional
28-1-1212. Objections to mode of offer -- waiver
28-1-1213. through 28-1-1220 reserved
28-1-1221. Title to thing offered
28-1-1222. Production of thing to be delivered
28-1-1223. Thing offered to be kept separate