28-1-1303. Effect when performance prevented by other causes. If full performance of an obligation is prevented by any cause excusing performance other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which the debtor would have been entitled upon full performance, according to the benefit that the creditor receives from the actual performance.
History: En. Sec. 2052, Civ. C. 1895; re-en. Sec. 4952, Rev. C. 1907; re-en. Sec. 7454, R.C.M. 1921; Cal. Civ. C. Sec. 1514; re-en. Sec. 7454, R.C.M. 1935; R.C.M. 1947, 58-431; amd. Sec. 10, Ch. 117, L. 1979; amd. Sec. 764, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 13. Prevention of Performance
28-1-1301. When delay or failure to perform or offer to perform excused
28-1-1302. Effect when performance prevented by creditor
28-1-1303. Effect when performance prevented by other causes
28-1-1304. Effect of refusal to accept performance before offer