28-10-407. Statutory exceptions to general authority. An authority expressed in general terms, however broad, does not authorize an agent to:
(1) act in the agent's own name unless it is the usual course of business to do so;
(2) define the scope of the agency; or
(3) do any act that a trustee is forbidden to do by Title 72, chapter 38.
History: En. Sec. 3098, Civ. C. 1895; re-en. Sec. 5437, Rev. C. 1907; re-en. Sec. 7952, R.C.M. 1921; Cal. Civ. C. Sec. 2322; Field Civ. C. Sec. 1240; re-en. Sec. 7952, R.C.M. 1935; R.C.M. 1947, 2-129; amd. Sec. 800, 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