28-2-814. Effect of impossibility of designated exclusive method of determination. (1) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.
(2) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.
History: En. Secs. 2167, 2168, Civ. C. 1895; re-en. Secs. 5008, 5009, Rev. C. 1907; re-en. Secs. 7510, 7511, R.C.M. 1921; Cal. Civ. C. Secs. 1612, 1613; Field Civ. C. Secs. 787, 788; re-en. Secs. 7510, 7511, R.C.M. 1935; R.C.M. 1947, 13-508, 13-509.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
28-2-801. What constitutes good consideration
28-2-802. Extent to which existing legal or moral obligation is good consideration
28-2-803. Consideration to be lawful -- effect of illegality
28-2-804. Written instrument presumptive evidence of consideration
28-2-805. Burden of proof of want of consideration
28-2-806. through 28-2-810 reserved
28-2-811. Applicability of rules concerning object to executory consideration
28-2-812. How amount of executory consideration may be determined
28-2-813. Determination by interested party
28-2-814. Effect of impossibility of designated exclusive method of determination