28-10-405. Implied powers of agent. An agent has authority to:
(1) do everything necessary and proper and usual, in the ordinary course of business, for effecting the purpose of the agency; and
(2) make a representation respecting any matter of fact, except the terms of the agent's authority, upon which the right to use the agent's authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
History: En. Sec. 3095, Civ. C. 1895; re-en. Sec. 5434, Rev. C. 1907; re-en. Sec. 7949, R.C.M. 1921; Cal. Civ. C. Sec. 2319; Field Civ. C. Sec. 1237; re-en. Sec. 7949, R.C.M. 1935; R.C.M. 1947, 2-126; amd. Sec. 32, Ch. 117, L. 1979; amd. Sec. 799, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
28-10-401. What authority agent has
28-10-402. Actual authority defined
28-10-403. Ostensible authority defined
28-10-404. When and as to whom agent's authority restricted
28-10-405. Implied powers of agent
28-10-406. Interpretation of authority given partly in general and partly in specific terms
28-10-407. Statutory exceptions to general authority
28-10-408. When agent may disobey instructions
28-10-409. No authority to defraud principal
28-10-410. through 28-10-420 reserved
28-10-421. What included in authority to sell personal property