Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability

27-1-203. Right to damages for detriment resulting after suit brought and for future detriment - 27-1-203. Right to damages for detriment resulting after suit brought...

27-1-204. Nominal damages when no appreciable detriment - 27-1-204. Nominal damages when no appreciable detriment. When a breach...

27-1-205. through 27-1-209 reserved - 27-1-205 through 27-1-209 reserved.

27-1-210. Interest on torts - 27-1-210. Interest on torts. (1) (a) Subject to subsection (2),...

27-1-211. Right to interest - 27-1-211. Right to interest. Each person who is entitled to...

27-1-212. When award of interest discretionary - 27-1-212. When award of interest discretionary. In an action for...

27-1-213. Validity of interest rate set by contract - 27-1-213. Validity of interest rate set by contract. Any legal...

27-1-214. Waiver of interest by accepting principal - 27-1-214. Waiver of interest by accepting principal. Accepting payment of...

27-1-215. through 27-1-219 reserved - 27-1-215 through 27-1-219 reserved.

27-1-220. Punitive damages -- when allowed -- limitation - 27-1-220. Punitive damages -- when allowed -- limitation. (1) Except...

27-1-221. Punitive damages -- liability -- proof -- award - 27-1-221. Punitive damages -- liability -- proof -- award. (1)...

27-1-222. Exemplary damages for inhumane injuries to animals - 27-1-222. Exemplary damages for inhumane injuries to animals. (1) For...

27-1-223. Damages for injuries or death inflicted in duel - 27-1-223. Damages for injuries or death inflicted in duel. If...

Part 3. Measure of Damages

27-1-301. Prescribed damages exclusive of exemplary damages and interest - 27-1-301. Prescribed damages exclusive of exemplary damages and interest. The...

27-1-302. Damages to be reasonable - 27-1-302. Damages to be reasonable. (1) Subject to subsection (2),...

27-1-303. Limitation of damages for breach of obligation - 27-1-303. Limitation of damages for breach of obligation. A person...

27-1-304. Value of written instrument - 27-1-304. Value of written instrument. For the purpose of estimating...

27-1-305. Property of peculiar value - 27-1-305. Property of peculiar value. Where a certain property has...

27-1-306. When replacement value to be allowed - 27-1-306. When replacement value to be allowed. The measure of...

27-1-307. Definitions - 27-1-307. Definitions. As used in 27-1-308 and this section: (1)...

27-1-308. Allowed recovery and permissible evidence -- reasonable value of medical or health care services or treatment -- actions arising from bodily injury or death -- subrogation rights - 27-1-308. Allowed recovery and permissible evidence -- reasonable value of...

27-1-309. reserved - 27-1-309 reserved.

27-1-310. Damages for emotional or mental distress prohibited in contract actions -- exception - 27-1-310. Damages for emotional or mental distress prohibited in contract...

27-1-311. Breach of contract - 27-1-311. Breach of contract. For the breach of an obligation...

27-1-312. Breach of obligation to pay money - 27-1-312. Breach of obligation to pay money. The detriment caused...

27-1-313. Breach of warranty of agent's authority - 27-1-313. Breach of warranty of agent's authority. The detriment caused...

27-1-314. Breach of agreement to convey real property - 27-1-314. Breach of agreement to convey real property. The detriment...

27-1-315. Breach of agreement to buy real property - 27-1-315. Breach of agreement to buy real property. The detriment...

27-1-316. Breach of covenants in grants of estates in real property - 27-1-316. Breach of covenants in grants of estates in real...

27-1-317. Breach of obligation other than contract - 27-1-317. Breach of obligation other than contract. For the breach...

27-1-318. Wrongful occupation of real property - 27-1-318. Wrongful occupation of real property. The detriment caused by...

27-1-319. Willful holding over of real property - 27-1-319. Willful holding over of real property. For willfully holding...

27-1-320. Conversion of personal property - 27-1-320. Conversion of personal property. (1) The detriment caused by...

27-1-321. Conversion of personal property -- damages of lienholder - 27-1-321. Conversion of personal property -- damages of lienholder. A...

27-1-322. Seduction - 27-1-322. Seduction. The damages for seduction rest in the sound...

27-1-323. Wrongful death - 27-1-323. Wrongful death. In every action under 27-1-513, such damages...

Part 4. Specific and Preventive Relief

27-1-401. When specific or preventive relief permitted - 27-1-401. When specific or preventive relief permitted. Specific or preventive...

27-1-402. How specific relief given - 27-1-402. How specific relief given. Specific relief is given by:...

27-1-403. How preventive relief given - 27-1-403. How preventive relief given. Preventive relief is given by...

27-1-404. through 27-1-410 reserved - 27-1-404 through 27-1-410 reserved.

27-1-411. When specific performance of an obligation may be compelled - 27-1-411. When specific performance of an obligation may be compelled....

27-1-412. Obligations which cannot be specifically enforced - 27-1-412. Obligations which cannot be specifically enforced. The following obligations...

27-1-413. Specific performance not to be oppressive - 27-1-413. Specific performance not to be oppressive. Specific performance cannot...

27-1-414. Right to specific performance to be mutual - 27-1-414. Right to specific performance to be mutual. (1) When...

27-1-415. Parties who cannot be compelled to perform - 27-1-415. Parties who cannot be compelled to perform. Specific performance...

27-1-416. Parties who cannot obtain specific performance - 27-1-416. Parties who cannot obtain specific performance. Specific performance cannot...

27-1-417. Specific performance by party who signed when other party did not sign contract - 27-1-417. Specific performance by party who signed when other party...

27-1-418. Liquidation of damages not a bar to specific performance - 27-1-418. Liquidation of damages not a bar to specific performance....

27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property - 27-1-419. Specific performance of agreement to transfer property -- distinction...

27-1-420. No specific performance of agreement to buy property when title not clear - 27-1-420. No specific performance of agreement to buy property when...

27-1-421. Compelling performance of successor in interest in title -- obligations respecting real property - 27-1-421. Compelling performance of successor in interest in title --...

27-1-422. through 27-1-430 reserved - 27-1-422 through 27-1-430 reserved.

27-1-431. Judgment for possession of or title to real property - 27-1-431. Judgment for possession of or title to real property....

27-1-432. Judgment for delivery of personal property - 27-1-432. Judgment for delivery of personal property. A person entitled...

27-1-433. Cancellation of written instrument - 27-1-433. Cancellation of written instrument. (1) A written instrument in...

27-1-434. Cost of care of animals seized in animal cruelty and animal fighting cases - 27-1-434. Cost of care of animals seized in animal cruelty...

Part 5. Right to Bring Action or Assert Defense

27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest - 27-1-501. Survival of cause of action or defense -- death...

27-1-502. Survival of counterclaim -- death or assignment - 27-1-502. Survival of counterclaim -- death or assignment. When cross-demands...

27-1-503. What defenses to action survive assignment of right to action - 27-1-503. What defenses to action survive assignment of right to...

27-1-504. through 27-1-510 reserved - 27-1-504 through 27-1-510 reserved.

27-1-511. Right of minor to bring civil action or other proceeding - 27-1-511. Right of minor to bring civil action or other...

27-1-512. Action by parent or guardian for injury to child or ward - 27-1-512. Action by parent or guardian for injury to child...

27-1-513. Action for wrongful death - 27-1-513. Action for wrongful death. When injuries to and the...

27-1-514. Who may sue for whose seduction - 27-1-514. Who may sue for whose seduction. (1) The rights...

27-1-515. Protection of personal relations -- abduction - 27-1-515. Protection of personal relations -- abduction. The rights of...

27-1-516. Injury to servant - 27-1-516. Injury to servant. The rights of personal relations forbid...

27-1-517. through 27-1-519 reserved - 27-1-517 through 27-1-519 reserved.

27-1-520. Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance - 27-1-520. Action against successful bidder -- failure to pay standard...

Part 6. Abolition of Certain Causes of Action

27-1-601. Cause of action for alienation of affections abolished - 27-1-601. Cause of action for alienation of affections abolished. All...

27-1-602. Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved - 27-1-602. Cause of action for breach of promise abolished --...

27-1-603. Acts within Montana not to give rise to abolished cause of action - 27-1-603. Acts within Montana not to give rise to abolished...

27-1-604. Litigation and threat of litigation prohibited - 27-1-604. Litigation and threat of litigation prohibited. Effective July 1,...

27-1-605. Agreements settling or compromising abolished causes of action - 27-1-605. Agreements settling or compromising abolished causes of action. (1)...

27-1-606. Criminal penalty - 27-1-606. Criminal penalty. Any person who violates any of the...

Part 7. Liability

27-1-701. Liability for negligence as well as willful acts - 27-1-701. Liability for negligence as well as willful acts. Except...

27-1-702. Comparative negligence -- extent to which contributory negligence bars recovery in action for damages - 27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence...

27-1-703. Multiple defendants -- determination of liability - 27-1-703. (Temporary) Multiple defendants -- determination of liability. (1) Except...

27-1-704. Release -- covenant not to sue - 27-1-704. Release -- covenant not to sue. A release or...

27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties - 27-1-705. (Effective on occurrence of contingency) Several liability -- purpose...

27-1-706. Effect of a release or covenant not to sue - 27-1-706. (Effective on occurrence of contingency) Effect of a release...

27-1-707. reserved - 27-1-707 reserved.

27-1-708. Liability of landowner to trespasser - 27-1-708. Liability of landowner to trespasser. (1) Except as provided...

27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken - 27-1-709. Property owner's immunity from damage caused by use of...

27-1-710. Civil liability for injuries involving alcohol consumption - 27-1-710. Civil liability for injuries involving alcohol consumption. (1) The...

27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages - 27-1-711. Liability of minor or person of unsound mind for...

27-1-712. Liability for damages for deceit - 27-1-712. Liability for damages for deceit. (1) One who willfully...

27-1-713. Duty to restore thing wrongfully acquired or retained - 27-1-713. Duty to restore thing wrongfully acquired or retained. One...

27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency - 27-1-714. Limits on liability for emergency care rendered at scene...

27-1-715. Liability of owner of vicious dog - 27-1-715. Liability of owner of vicious dog. (1) The owner...

27-1-716. Immunity of persons donating food for free distribution - 27-1-716. Immunity of persons donating food for free distribution. (1)...

27-1-717. Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment -- civil liability -- statute of limitations - 27-1-717. Issuing a bad check, draft, converted check, electronic funds...

27-1-718. Civil penalty for shoplifting - 27-1-718. Civil penalty for shoplifting. (1) An adult or emancipated...

27-1-719. Liability of seller of product for physical harm to user or consumer - 27-1-719. (Temporary) Liability of seller of product for physical harm...

27-1-720. Liability -- defect in design of firearms or ammunition - 27-1-720. Liability -- defect in design of firearms or ammunition....

27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors - 27-1-721. Immunity of certain firearms and hunter safety or hunter...

27-1-722. Civil damages immunity for injury caused by legal use of force - 27-1-722. Civil damages immunity for injury caused by legal use...

27-1-723. reserved - 27-1-723 reserved.

27-1-724. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock - 27-1-724. Limits on liability of livestock owner or property owner...

27-1-725. Purpose - 27-1-725. Purpose. The purpose of 27-1-725 through 27-1-727 is to...

27-1-726. Definitions - 27-1-726. Definitions. As used in 27-1-725 through 27-1-727, the following...

27-1-727. Equine activity liability limitations - 27-1-727. Equine activity liability limitations. (1) Except as provided in...

27-1-728. Mule and horseracing -- exception - 27-1-728. Mule and horseracing -- exception. Sections 27-1-725 through 27-1-727...

27-1-729. and 27-1-730 reserved - 27-1-729 and 27-1-730 reserved.

27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions - 27-1-731. Individual immunity for and indemnification of ditch company employees...

27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers - 27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers. (1)...

27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events - 27-1-733. Liability of nonprofit organizations and their employees for injuries...

27-1-734. Limits on liability of health care provider in emergency situations - 27-1-734. Limits on liability of health care provider in emergency...

27-1-735. Emergency communications systems -- lawful release of information - 27-1-735. Emergency communications systems -- lawful release of information. (1)...

27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation - 27-1-736. Limits on liability of medical practitioner or dental hygienist...

27-1-737. Repealed - 27-1-737. Repealed. Sec. 1, Ch. 463, L. 2003. History: En....

27-1-738. Health care provider's responsibility for others - 27-1-738. Health care provider's responsibility for others. For purposes of...

27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice - 27-1-739. Liability of health care provider for reduced chance of...

27-1-740. Ridesharing -- limits on employer liability - 27-1-740. Ridesharing -- limits on employer liability. (1) Except as...

27-1-741. Purpose - 27-1-741. Purpose. The legislature finds that: (1) amusement rides are...

27-1-742. Definitions - 27-1-742. Definitions. As used in 27-1-741 through 27-1-745, the following...

27-1-743. Operator's responsibilities - 27-1-743. Operator's responsibilities. An operator shall: (1) exercise reasonable care...

27-1-744. Passenger responsibilities and prohibitions - 27-1-744. Passenger responsibilities and prohibitions. (1) A passenger may not:...

27-1-745. Injury reports - 27-1-745. Injury reports. (1) (a) A passenger who is injured...

27-1-746. Duty of health care provider performing third-party medical examination - 27-1-746. Duty of health care provider performing third-party medical examination....

27-1-747. Claims and damages based on birth of child prohibited - 27-1-747. Claims and damages based on birth of child prohibited....

27-1-748. through 27-1-750 reserved - 27-1-748 through 27-1-750 reserved.

27-1-751. Short title - 27-1-751. Short title. Sections 27-1-751 through 27-1-754 may be cited...

27-1-752. Definitions - 27-1-752. Definitions. As used in 27-1-751 through 27-1-754, the following...

27-1-753. Limitation on liability in sport or recreational opportunity - 27-1-753. Limitation on liability in sport or recreational opportunity. (1)...

27-1-754. Recreational activity -- applicability exceptions - 27-1-754. Recreational activity -- applicability exceptions. Sections 27-1-751 through 27-1-753...

27-1-755. Civil action -- human trafficking victim - 27-1-755. Civil action -- human trafficking victim. (1) A victim...

Part 8. Libel and Slander

27-1-801. Defamation -- how effected - 27-1-801. Defamation -- how effected. Defamation is effected by: (1)...

27-1-802. Libel defined - 27-1-802. Libel defined. Libel is a false and unprivileged publication...

27-1-803. Slander defined - 27-1-803. Slander defined. Slander is a false and unprivileged publication...

27-1-804. What communications are privileged - 27-1-804. What communications are privileged. A privileged publication is one...

27-1-805. through 27-1-810 reserved - 27-1-805 through 27-1-810 reserved.

27-1-811. When owner of radio station not liable for material broadcast - 27-1-811. When owner of radio station not liable for material...

27-1-812. Right of owner to require prior submission of text to be broadcast - 27-1-812. Right of owner to require prior submission of text...

27-1-813. Liability of person broadcasting -- liability of owner for broadcast prepared by station - 27-1-813. Liability of person broadcasting -- liability of owner for...

27-1-814. Repealed - 27-1-814. Repealed. Sec. 62, Ch. 12, L. 1979. History: En....

27-1-815. Repealed - 27-1-815. Repealed. Sec. 62, Ch. 12, L. 1979. History: En....

27-1-816. Repealed - 27-1-816. Repealed. Sec. 62, Ch. 12, L. 1979. History: En....

27-1-817. Repealed - 27-1-817. Repealed. Sec. 62, Ch. 12, L. 1979. History: En....

27-1-818. Media management to be given opportunity to publish correction prior to action for libel or slander - 27-1-818. Media management to be given opportunity to publish correction...

27-1-819. What constitutes a reasonable time for correction - 27-1-819. What constitutes a reasonable time for correction. The first...

27-1-820. Content of correction - 27-1-820. Content of correction. To the extent that the true...

27-1-821. Extent to which a correction is a defense upon trial - 27-1-821. Extent to which a correction is a defense upon...

Part 11. Liability of Mental Health Professionals

27-1-1101. Definition - 27-1-1101. Definition. As used in this part, "mental health professional"...

27-1-1102. Duty to warn of violent behavior - 27-1-1102. Duty to warn of violent behavior. A mental health...

27-1-1103. Immunity from liability - 27-1-1103. Immunity from liability. (1) No monetary liability and no...

Part 15. Montana Anti-Intimidation Act

27-1-1501. Short title - 27-1-1501. Short title. This part may be cited as the...

27-1-1502. Findings -- purpose - 27-1-1502. Findings -- purpose. (1) This part seeks to address...

27-1-1503. Civil action - 27-1-1503. Civil action. (1) A public official, family member of...

27-1-1504. reserved - 27-1-1504 reserved.

27-1-1505. Liens - 27-1-1505. Liens. (1) As used in this section, the following...

Part 16. Covid-19 Liability

27-1-1601. Definitions - 27-1-1601. (Temporary) Definitions. As used in this part, unless the...

27-1-1602. Liability - 27-1-1602. (Temporary) Liability. Except as provided in 27-1-1603 through 27-1-1608,...

27-1-1603. Premises owner's duty of care -- limited liability - 27-1-1603. (Temporary) Premises owner's duty of care -- limited liability....

27-1-1604. Liability of health care providers - 27-1-1604. (Temporary) Liability of health care providers. A health care...

27-1-1605. Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19 - 27-1-1605. (Temporary) Supplies, equipment, and products designed, manufactured, labeled, sold,...

27-1-1606. Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance - 27-1-1606. (Temporary) Affirmative defense -- reasonable measures consistent with regulations,...

27-1-1607. Limitation on action - 27-1-1607. (Temporary) Limitation on action. A government order, regulation, or...

27-1-1608. Limitation on requirements - 27-1-1608. (Temporary) Limitation on requirements. (1) If a federal or...

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Montana Code Annotated Title 27. Civil Liability, Remedies, and Limitations Chapter 1. Availability of Remedies -- Liability

Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability