28-11-202. Liability under guaranty of incomplete contract. In a guaranty of a contract the terms of which are not then settled, it is implied that the guaranty's terms will not expose the guarantor to greater risks than the guarantor would incur under those terms that are most common in similar contracts at the place where the principal contract is to be performed.
History: En. Sec. 3620, Civ. C. 1895; re-en. Sec. 5662, Rev. C. 1907; re-en. Sec. 8177, R.C.M. 1921; Cal. Civ. C. Sec. 2799; Field. Civ. C. Sec. 1540; re-en. Sec. 8177, R.C.M. 1935; R.C.M. 1947, 30-107; amd. Sec. 820, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
Part 2. Guaranty -- Liability and Exoneration of Guarantor
28-11-201. Obligation of guarantor not to exceed that of principal
28-11-202. Liability under guaranty of incomplete contract
28-11-203. Liability under guaranty of illegal contract or contract void against principal
28-11-204. Liability under guaranty that obligation is good or collectible
28-11-205. When guarantor of payment or performance becomes liable
28-11-206. Liability upon guaranty of conditional obligation -- notice of default
28-11-207. through 28-11-210 reserved
28-11-211. When guarantor exonerated
28-11-212. Rescission of alteration -- liability not restored
28-11-213. Guarantor not exonerated by delay of creditor
28-11-214. Guarantor not exonerated by discharge of principal
28-11-215. Exoneration of guarantor indemnified by principal
28-11-216. Effect of part performance on guarantor's liability