28-1-405. Condition subsequent defined. A condition subsequent is one referring to a future event upon the happening of which the obligation becomes no longer binding upon the other party if the other party chooses to take advantage of the condition.
History: En. Sec. 1954, Civ. C. 1895; re-en. Sec. 4902, Rev. C. 1907; re-en. Sec. 7404, R.C.M. 1921; Cal. Civ. C. Sec. 1438; Field Civ. C. Sec. 680; re-en. Sec. 7404, R.C.M. 1935; R.C.M. 1947, 58-208; amd. Sec. 747, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 4. Conditional Obligations
28-1-401. What obligations are conditional
28-1-403. Condition precedent defined
28-1-404. Condition concurrent defined
28-1-405. Condition subsequent defined
28-1-406. What conditions must be performed before requiring performance by another
28-1-407. When prior performance of conditions excused
28-1-408. Condition involving forfeiture to be strictly construed