Montana Code Annotated
Title 28. Contracts and Other Obligations

28-1-103. What rules govern interpretation of contracts and other obligations - 28-1-103. What rules govern interpretation of contracts and other obligations....

28-1-104. Relief from forfeiture - 28-1-104. Relief from forfeiture. Whenever by the terms of an...

Part 2. Obligations Imposed by Law

28-1-201. General duty of care - 28-1-201. General duty of care. Every person is bound, without...

28-1-202. Obligation of one who unilaterally decides to render service - 28-1-202. Obligation of one who unilaterally decides to render service....

28-1-203. Enforcement of obligations arising by operation of law - 28-1-203. Enforcement of obligations arising by operation of law. An...

28-1-204. through 28-1-210 reserved - 28-1-204 through 28-1-210 reserved.

28-1-211. Implied covenant of good faith and fair dealing - 28-1-211. Implied covenant of good faith and fair dealing. The...

Part 3. Joint Obligations

28-1-301. Types of obligations involving several persons - 28-1-301. (Temporary) Types of obligations involving several persons. Except as...

28-1-302. Joint obligations and covenants to be taken as joint and several - 28-1-302. Joint obligations and covenants to be taken as joint...

28-1-303. Right to contribution from joint debtors - 28-1-303. Right to contribution from joint debtors. Except as provided...

Part 4. Conditional Obligations

28-1-401. What obligations are conditional - 28-1-401. What obligations are conditional. An obligation is conditional when...

28-1-402. Types of conditions - 28-1-402. Types of conditions. Conditions may be precedent, concurrent, or...

28-1-403. Condition precedent defined - 28-1-403. Condition precedent defined. A condition precedent is one which...

28-1-404. Condition concurrent defined - 28-1-404. Condition concurrent defined. Conditions concurrent are those which are...

28-1-405. Condition subsequent defined - 28-1-405. Condition subsequent defined. A condition subsequent is one referring...

28-1-406. What conditions must be performed before requiring performance by another - 28-1-406. What conditions must be performed before requiring performance by...

28-1-407. When prior performance of conditions excused - 28-1-407. When prior performance of conditions excused. If a party...

28-1-408. Condition involving forfeiture to be strictly construed - 28-1-408. Condition involving forfeiture to be strictly construed. A condition...

Part 5. Alternative Obligations

28-1-501. Who may select between alternative performances - 28-1-501. Who may select between alternative performances. If an obligation...

28-1-502. How right of selection lost - 28-1-502. How right of selection lost. If the party having...

28-1-503. One alternative to be selected in its entirety - 28-1-503. One alternative to be selected in its entirety. The...

28-1-504. When obligation to be interpreted as though a particular alternative did not exist - 28-1-504. When obligation to be interpreted as though a particular...

Part 10. Transfer of Rights and Duties Under Obligation

28-1-1001. Rights arising out of obligation transferable - 28-1-1001. Rights arising out of obligation transferable. A right arising...

28-1-1002. When burden of obligation may be transferred - 28-1-1002. When burden of obligation may be transferred. The burden...

Part 11. Extinction of Obligation by Performance

28-1-1101. Extinction of obligation by full performance - 28-1-1101. Extinction of obligation by full performance. Full performance of...

28-1-1102. Performance by one of several joint debtors - 28-1-1102. Performance by one of several joint debtors. Performance of...

28-1-1103. Performance to one of several joint creditors - 28-1-1103. Performance to one of several joint creditors. An obligation...

28-1-1104. Extinction when directions of creditor followed - 28-1-1104. Extinction when directions of creditor followed. If a creditor...

28-1-1105. When partial performance extinguishes part of obligation - 28-1-1105. When partial performance extinguishes part of obligation. Partial performance...

28-1-1106. Application of performance when there are several obligations - 28-1-1106. Application of performance when there are several obligations. Whenever...

28-1-1107. through 28-1-1110 reserved - 28-1-1107 through 28-1-1110 reserved.

28-1-1111. Receipt for money, instrument, or property delivered - 28-1-1111. Receipt for money, instrument, or property delivered. Whoever pays...

28-1-1112. Objections to tender -- waiver - 28-1-1112. Objections to tender -- waiver. The person to whom...

28-1-1113. Creditor's retention of thing that creditor refuses to accept - 28-1-1113. Creditor's retention of thing that creditor refuses to accept....

Part 12. Extinction of Obligation by Offer of Performance

28-1-1201. When obligation extinguished by offer of performance - 28-1-1201. When obligation extinguished by offer of performance. An obligation...

28-1-1202. Effect of offer - 28-1-1202. Effect of offer. (1) An offer in writing to...

28-1-1203. Offer of partial performance ineffective - 28-1-1203. Offer of partial performance ineffective. An offer of partial...

28-1-1204. Who must make offer of performance - 28-1-1204. Who must make offer of performance. An offer of...

28-1-1205. To whom offer must be made - 28-1-1205. To whom offer must be made. An offer of...

28-1-1206. Where offer may be made - 28-1-1206. Where offer may be made. In the absence of...

28-1-1207. When offer must be made - 28-1-1207. When offer must be made. (1) Where an obligation...

28-1-1208. Offer of late performance with compensation - 28-1-1208. Offer of late performance with compensation. Where delay in...

28-1-1209. Offer to be made in good faith - 28-1-1209. Offer to be made in good faith. An offer...

28-1-1210. Offeror to be able and willing to perform - 28-1-1210. Offeror to be able and willing to perform. An...

28-1-1211. When offer may be conditional - 28-1-1211. When offer may be conditional. (1) An offer of...

28-1-1212. Objections to mode of offer -- waiver - 28-1-1212. Objections to mode of offer -- waiver. All objections...

28-1-1213. through 28-1-1220 reserved - 28-1-1213 through 28-1-1220 reserved.

28-1-1221. Title to thing offered - 28-1-1221. Title to thing offered. The title to a thing...

28-1-1222. Production of thing to be delivered - 28-1-1222. Production of thing to be delivered. The thing to...

28-1-1223. Thing offered to be kept separate - 28-1-1223. Thing offered to be kept separate. A thing, when...

28-1-1224. Custody of thing other than money - 28-1-1224. Custody of thing other than money. The person offering...

28-1-1225. Deposit of money offered in payment - 28-1-1225. Deposit of money offered in payment. An obligation for...

Part 13. Prevention of Performance

28-1-1301. When delay or failure to perform or offer to perform excused - 28-1-1301. When delay or failure to perform or offer to...

28-1-1302. Effect when performance prevented by creditor - 28-1-1302. Effect when performance prevented by creditor. If the performance...

28-1-1303. Effect when performance prevented by other causes - 28-1-1303. Effect when performance prevented by other causes. If full...

28-1-1304. Effect of refusal to accept performance before offer - 28-1-1304. Effect of refusal to accept performance before offer. A...

Part 14. Accord and Satisfaction

28-1-1401. Accord -- definition and effect - 28-1-1401. Accord -- definition and effect. An accord is an...

28-1-1402. Satisfaction -- definition and effect - 28-1-1402. Satisfaction -- definition and effect. Acceptance by the creditor...

28-1-1403. When part performance extinguishes obligation - 28-1-1403. When part performance extinguishes obligation. Part performance of an...

Part 15. Novation

28-1-1501. Novation defined - 28-1-1501. Novation defined. "Novation" is the substitution of a new...

28-1-1502. Kinds of novation - 28-1-1502. Kinds of novation. Novation is made by the substitution...

28-1-1503. How novation accomplished - 28-1-1503. How novation accomplished. Novation is made by contract and...

28-1-1504. When acceptance of novation may be rescinded - 28-1-1504. When acceptance of novation may be rescinded. When the...

Part 16. Release of Debtor by Creditor

28-1-1601. Extinction of obligation by a release - 28-1-1601. Extinction of obligation by a release. An obligation is...

28-1-1602. What claims survive general release - 28-1-1602. What claims survive general release. A general release does...

28-1-1603. Effect of release of some but not all joint debtors - 28-1-1603. Effect of release of some but not all joint...

Chapter 2. Contracts

Part 1. General Provisions

28-2-101. Contract defined - 28-2-101. Contract defined. A contract is an agreement to do...

28-2-102. Essential elements of a contract - 28-2-102. Essential elements of a contract. It is essential to...

28-2-103. Express versus implied contracts - 28-2-103. Express versus implied contracts. A contract is either express...

28-2-104. Executed versus executory contracts - 28-2-104. Executed versus executory contracts. An executed contract is one...

Part 2. Parties

28-2-201. Who may contract - 28-2-201. Who may contract. All persons are capable of contracting...

28-2-202. Contracts of persons entirely without understanding - 28-2-202. Contracts of persons entirely without understanding. A person entirely...

28-2-203. Contracts of persons with limited understanding - 28-2-203. Contracts of persons with limited understanding. A conveyance or...

28-2-204. When person of unsound mind cannot disaffirm contract - 28-2-204. When person of unsound mind cannot disaffirm contract. A...

28-2-205. When contract for benefit of third person may be enforced by third person - 28-2-205. When contract for benefit of third person may be...

28-2-206. Assignment of nonnegotiable written contract - 28-2-206. Assignment of nonnegotiable written contract. A nonnegotiable written contract...

Part 3. Consent in General

28-2-301. Essential characteristics of consent - 28-2-301. Essential characteristics of consent. The consent of the parties...

28-2-302. Effect of consent which is not free - 28-2-302. Effect of consent which is not free. A consent...

28-2-303. When consent is mutual - 28-2-303. When consent is mutual. Consent is not mutual unless...

28-2-304. Ratification of contract void for want of consent - 28-2-304. Ratification of contract void for want of consent. A...

Part 4. Circumstances Which Affect Validity of Apparent Consent

28-2-401. When apparent consent not free - 28-2-401. When apparent consent not free. (1) An apparent consent...

28-2-402. What constitutes duress - 28-2-402. What constitutes duress. Duress consists in: (1) unlawful confinement...

28-2-403. What constitutes menace - 28-2-403. What constitutes menace. Menace consists in a threat of:...

28-2-404. Kinds of fraud - 28-2-404. Kinds of fraud. Fraud is either actual or constructive....

28-2-405. What constitutes actual fraud - 28-2-405. What constitutes actual fraud. Actual fraud, within the meaning...

28-2-406. What constitutes constructive fraud - 28-2-406. What constitutes constructive fraud. Constructive fraud consists of: (1)...

28-2-407. What constitutes undue influence - 28-2-407. What constitutes undue influence. Undue influence consists of: (1)...

28-2-408. Kinds of mistake - 28-2-408. Kinds of mistake. Mistake may be either of fact...

28-2-409. What constitutes mistake of fact - 28-2-409. What constitutes mistake of fact. Mistake of fact is...

28-2-410. What constitutes mistake of law - 28-2-410. What constitutes mistake of law. Mistake of law constitutes...

28-2-411. Mistake of foreign laws -- mistake of fact - 28-2-411. Mistake of foreign laws -- mistake of fact. Mistake...

Part 5. Communication of Consent -- Revocation of Proposal

28-2-501. How consent is communicated - 28-2-501. How consent is communicated. (1) Consent can be communicated...

28-2-502. When consent is considered fully communicated - 28-2-502. When consent is considered fully communicated. Consent is considered...

28-2-503. Implied acceptance - 28-2-503. Implied acceptance. (1) Performance of the conditions of a...

28-2-504. Acceptance to be absolute - 28-2-504. Acceptance to be absolute. An acceptance must be absolute...

28-2-505. through 28-2-510 reserved - 28-2-505 through 28-2-510 reserved.

28-2-511. When proposal may be revoked - 28-2-511. When proposal may be revoked. A proposal may be...

28-2-512. How proposal revoked - 28-2-512. How proposal revoked. A proposal is revoked by: (1)...

Part 6. Object of a Contract

28-2-601. Object of contract defined - 28-2-601. Object of contract defined. The object of a contract...

28-2-602. Essential characteristics of object - 28-2-602. Essential characteristics of object. The object of the contract...

28-2-603. When contract wholly void - 28-2-603. When contract wholly void. Where a contract has but...

28-2-604. When contract partially void - 28-2-604. When contract partially void. Where a contract has several...

Part 7. Illegal Objects and Provisions

28-2-701. What is unlawful - 28-2-701. What is unlawful. That is not lawful which is:...

28-2-702. Contracts that violate policy of law -- exemption from responsibility -- exception - 28-2-702. Contracts that violate policy of law -- exemption from...

28-2-703. Contracts in restraint of trade generally void - 28-2-703. Contracts in restraint of trade generally void. Any contract...

28-2-704. Exception -- sale of goodwill of business - 28-2-704. Exception -- sale of goodwill of business. (1) A...

28-2-705. Exception -- dissolution of partnership - 28-2-705. Exception -- dissolution of partnership. Partners may, upon dissolution...

28-2-706. Contracts in restraint of marriage generally void - 28-2-706. Contracts in restraint of marriage generally void. Every contract...

28-2-707. What conditions void - 28-2-707. What conditions void. A condition in a contract the...

28-2-708. Restraints upon legal proceedings void - 28-2-708. Restraints upon legal proceedings void. Every stipulation or condition...

28-2-709. Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default - 28-2-709. Illegality of agreement to allow another person to confess...

28-2-710. through 28-2-720 reserved - 28-2-710 through 28-2-720 reserved.

28-2-721. When provision fixing liquidated damages valid - 28-2-721. When provision fixing liquidated damages valid. (1) Every contract...

28-2-722. Repealed - 28-2-722. Repealed. Sec. 1, Ch. 166, L. 2005. History: En....

28-2-723. Construction contracts requiring lien or bond waiver void - 28-2-723. Construction contracts requiring lien or bond waiver void. A...

Part 8. Consideration

28-2-801. What constitutes good consideration - 28-2-801. What constitutes good consideration. Any benefit conferred or agreed...

28-2-802. Extent to which existing legal or moral obligation is good consideration - 28-2-802. Extent to which existing legal or moral obligation is...

28-2-803. Consideration to be lawful -- effect of illegality - 28-2-803. Consideration to be lawful -- effect of illegality. The...

28-2-804. Written instrument presumptive evidence of consideration - 28-2-804. Written instrument presumptive evidence of consideration. A written instrument...

28-2-805. Burden of proof of want of consideration - 28-2-805. Burden of proof of want of consideration. The burden...

28-2-806. through 28-2-810 reserved - 28-2-806 through 28-2-810 reserved.

28-2-811. Applicability of rules concerning object to executory consideration - 28-2-811. Applicability of rules concerning object to executory consideration. A...

28-2-812. How amount of executory consideration may be determined - 28-2-812. How amount of executory consideration may be determined. When...

28-2-813. Determination by interested party - 28-2-813. Determination by interested party. When a contract does not...

28-2-814. Effect of impossibility of designated exclusive method of determination - 28-2-814. Effect of impossibility of designated exclusive method of determination....

Part 9. Written Contracts

28-2-901. When contracts may be oral - 28-2-901. When contracts may be oral. All contracts may be...

28-2-902. Enforcement of contract not in writing through fraud - 28-2-902. Enforcement of contract not in writing through fraud. Where...

28-2-903. What contracts must be in writing - 28-2-903. What contracts must be in writing. (1) The following...

28-2-904. Effect of written contract on oral agreements - 28-2-904. Effect of written contract on oral agreements. The execution...

28-2-905. When extrinsic evidence concerning a written agreement may be considered - 28-2-905. When extrinsic evidence concerning a written agreement may be...

28-2-906. When written contract takes effect - 28-2-906. When written contract takes effect. A contract in writing...

28-2-907. Applicability of rules concerning transfers in general - 28-2-907. Applicability of rules concerning transfers in general. The provisions...

Part 15. Enforcement of Contracts

28-2-1501. When successive actions on same contract permitted - 28-2-1501. When successive actions on same contract permitted. Successive actions...

Part 16. Modification of Contracts

28-2-1601. Alteration of oral contract by parties - 28-2-1601. Alteration of oral contract by parties. A contract not...

28-2-1602. How written contract may be altered by parties - 28-2-1602. How written contract may be altered by parties. A...

28-2-1603. through 28-2-1610 reserved - 28-2-1603 through 28-2-1610 reserved.

28-2-1611. When written contract may be revised by court - 28-2-1611. When written contract may be revised by court. When,...

28-2-1612. Presumption that parties intended equitable agreement - 28-2-1612. Presumption that parties intended equitable agreement. For the purpose...

28-2-1613. Scope of court's inquiry - 28-2-1613. Scope of court's inquiry. In revising a written instrument,...

28-2-1614. Specific enforcement of revised contract - 28-2-1614. Specific enforcement of revised contract. A contract may be...

Part 17. Extinction of Contracts -- Rescission

28-2-1701. How contract extinguished - 28-2-1701. How contract extinguished. (1) A contract may be extinguished...

28-2-1702. Extinction of written contract by destruction or cancellation - 28-2-1702. Extinction of written contract by destruction or cancellation. The...

28-2-1703. Extinction of executory obligations of contract by destruction, cancellation, or alteration - 28-2-1703. Extinction of executory obligations of contract by destruction, cancellation,...

28-2-1704. through 28-2-1710 reserved - 28-2-1704 through 28-2-1710 reserved.

28-2-1711. When party may rescind - 28-2-1711. When party may rescind. A party to a contract...

28-2-1712. When stipulation against rescission ineffective - 28-2-1712. When stipulation against rescission ineffective. A stipulation that errors...

28-2-1713. How rescission accomplished - 28-2-1713. How rescission accomplished. Rescission, when not effected by consent,...

28-2-1714. When rescission may be adjudged - 28-2-1714. When rescission may be adjudged. The rescission of a...

28-2-1715. When rescission may be adjudged for mistake - 28-2-1715. When rescission may be adjudged for mistake. Rescission cannot...

28-2-1716. Power of court to require party rescinding to do equity - 28-2-1716. Power of court to require party rescinding to do...

Part 21. Payment of Construction Contractors and Subcontractors

28-2-2101. Definitions - 28-2-2101. Definitions. As used in this part, unless the context...

28-2-2102. Performance entitles contractor or subcontractor to payment - 28-2-2102. Performance entitles contractor or subcontractor to payment. (1) Performance...

28-2-2103. Payment to contractor and subcontractor - 28-2-2103. Payment to contractor and subcontractor. (1) (a) Except as...

28-2-2104. Obligations upon delay of payment - 28-2-2104. Obligations upon delay of payment. (1) If a periodic...

28-2-2105. Prevailing party entitled to costs and attorney fees - 28-2-2105. Prevailing party entitled to costs and attorney fees. In...

28-2-2106. Remedies not exclusive - 28-2-2106. Remedies not exclusive. The remedies provided by this part...

28-2-2107. Exception for certain residential dwellings - 28-2-2107. Exception for certain residential dwellings. The provisions of this...

28-2-2108. and 28-2-2109 reserved - 28-2-2108 and 28-2-2109 reserved.

28-2-2110. Limit on retainage - 28-2-2110. Limit on retainage. (1) The maximum retainage applied to...

28-2-2111. Construction contract indemnification provisions - 28-2-2111. Construction contract indemnification provisions. (1) Except as provided in...

28-2-2112. through 28-2-2114 reserved - 28-2-2112 through 28-2-2114 reserved.

28-2-2115. Alternative billing cycle - 28-2-2115. Alternative billing cycle. (1) A construction contract may provide...

28-2-2116. Construction contracts -- void provisions - 28-2-2116. Construction contracts -- void provisions. (1) A provision, covenant,...

28-2-2117. Suspension of performance -- termination - 28-2-2117. Suspension of performance -- termination. (1) (a) A contractor...

Part 22. Residential Construction -- Disclosure and Warranty Requirements

28-2-2201. Residential construction contracts -- disclosure and warranty requirements - 28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1)...

28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences - 28-2-2202. Disclosure and warranty requirements for sales of newly constructed...

Chapter 3. Interpretation of Contracts

Part 1. General Provisions

28-3-101. Rules of interpretation to be uniform - 28-3-101. Rules of interpretation to be uniform. All contracts, whether...

28-3-102. What law and usage to govern interpretation - 28-3-102. What law and usage to govern interpretation. A contract...

Part 2. General Rules of Interpretation

28-3-201. Interpretation giving effect to contract favored - 28-3-201. Interpretation giving effect to contract favored. A contract must...

28-3-202. Effect to be given to every part of contract - 28-3-202. Effect to be given to every part of contract....

28-3-203. When several contracts taken together - 28-3-203. When several contracts taken together. Several contracts relating to...

28-3-204. How repugnancies reconciled - 28-3-204. How repugnancies reconciled. Repugnancies in a contract must be...

28-3-205. Written or original terms to control printed terms - 28-3-205. Written or original terms to control printed terms. Where...

28-3-206. Uncertainty to be resolved against party causing it - 28-3-206. Uncertainty to be resolved against party causing it. In...

Part 3. Intention of the Parties

28-3-301. Interpretation to give effect to mutual intention - 28-3-301. Interpretation to give effect to mutual intention. A contract...

28-3-302. How intention ascertained - 28-3-302. How intention ascertained. For the purpose of ascertaining the...

28-3-303. Writing generally to determine intention - 28-3-303. Writing generally to determine intention. When a contract is...

28-3-304. When writing disregarded - 28-3-304. When writing disregarded. When through fraud, mistake, or accident...

28-3-305. Contract restricted to its apparent objects - 28-3-305. Contract restricted to its apparent objects. However broad may...

28-3-306. Interpretation of terms that are ambiguous or intended in different sense by different parties - 28-3-306. Interpretation of terms that are ambiguous or intended in...

28-3-307. Particular clauses subordinate to general intent - 28-3-307. Particular clauses subordinate to general intent. Particular clauses of...

Part 4. Factors Considered in Determining Intention

28-3-401. Extent to which language governs interpretation - 28-3-401. Extent to which language governs interpretation. The language of...

28-3-402. Reference to circumstances permissible - 28-3-402. Reference to circumstances permissible. A contract may be explained...

28-3-403. Superseded - 28-3-403. Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979....

Part 5. Interpretation of Words

28-3-501. Words generally understood in their ordinary sense - 28-3-501. Words generally understood in their ordinary sense. The words...

28-3-502. Interpretation of technical words - 28-3-502. Interpretation of technical words. Technical words are to be...

28-3-503. Inconsistent words to be rejected - 28-3-503. Inconsistent words to be rejected. Words in a contract...

Part 6. Time of Performance

28-3-601. Time of performance when not specified - 28-3-601. Time of performance when not specified. If no time...

28-3-602. When time considered of the essence - 28-3-602. When time considered of the essence. Time is never...

28-3-603. Postponement of performance date which falls on holiday - 28-3-603. Postponement of performance date which falls on holiday. Whenever...

Part 7. Provisions Implied by Law

28-3-701. Stipulations necessary for reasonableness or conformity to usage - 28-3-701. Stipulations necessary for reasonableness or conformity to usage. Stipulations...

28-3-702. Necessary and incidental terms - 28-3-702. Necessary and incidental terms. All things that in law...

28-3-703. When promise presumed to be joint and several - 28-3-703. When promise presumed to be joint and several. (1)...

28-3-704. Contractual right to attorney fees treated as reciprocal -- exception - 28-3-704. Contractual right to attorney fees treated as reciprocal --...

Chapter 10. Agency

Part 1. General Provisions

28-10-101. Definitions of agent and agency - 28-10-101. Definitions of agent and agency. An agent is one...

28-10-102. General versus special agents - 28-10-102. General versus special agents. An agent for a particular...

28-10-103. Actual versus ostensible agency -- limitation - 28-10-103. Actual versus ostensible agency -- limitation. (1) An agency...

28-10-104. Who may appoint an agent, who may be an agent - 28-10-104. Who may appoint an agent, who may be an...

28-10-105. What acts agent may perform - 28-10-105. What acts agent may perform. (1) An agent may...

Part 2. Creation of Agency

28-10-201. How agency may be created - 28-10-201. How agency may be created. An agency may be...

28-10-202. Consideration unnecessary - 28-10-202. Consideration unnecessary. A consideration is not necessary to make...

28-10-203. When written authorization necessary - 28-10-203. When written authorization necessary. An oral authorization is sufficient...

28-10-204. through 28-10-210 reserved - 28-10-204 through 28-10-210 reserved.

28-10-211. How agent's act ratified - 28-10-211. How agent's act ratified. A ratification can be made...

28-10-212. Ratification of part of indivisible transaction - 28-10-212. Ratification of part of indivisible transaction. Ratification of part...

28-10-213. Ratification not to prejudice third persons - 28-10-213. Ratification not to prejudice third persons. No unauthorized act...

28-10-214. When ratification void - 28-10-214. When ratification void. A ratification is not valid unless,...

28-10-215. When ratification may be rescinded - 28-10-215. When ratification may be rescinded. A ratification may be...

Part 3. Duties of Agent

28-10-301. Agent not to exceed actual authority - 28-10-301. Agent not to exceed actual authority. An agent may...

28-10-302. Duty to keep principal informed - 28-10-302. Duty to keep principal informed. An agent shall use...

28-10-303. Duty of agent employed to collect negotiable instrument - 28-10-303. Duty of agent employed to collect negotiable instrument. An...

Part 4. Authority of Agent

28-10-401. What authority agent has - 28-10-401. What authority agent has. An agent has the authority...

28-10-402. Actual authority defined - 28-10-402. Actual authority defined. Actual authority is authority that the...

28-10-403. Ostensible authority defined - 28-10-403. Ostensible authority defined. Ostensible authority is such as a...

28-10-404. When and as to whom agent's authority restricted - 28-10-404. When and as to whom agent's authority restricted. Every...

28-10-405. Implied powers of agent - 28-10-405. Implied powers of agent. An agent has authority to:...

28-10-406. Interpretation of authority given partly in general and partly in specific terms - 28-10-406. Interpretation of authority given partly in general and partly...

28-10-407. Statutory exceptions to general authority - 28-10-407. Statutory exceptions to general authority. An authority expressed in...

28-10-408. When agent may disobey instructions - 28-10-408. When agent may disobey instructions. An agent has power...

28-10-409. No authority to defraud principal - 28-10-409. No authority to defraud principal. An agent can never...

28-10-410. through 28-10-420 reserved - 28-10-410 through 28-10-420 reserved.

28-10-421. What included in authority to sell personal property - 28-10-421. What included in authority to sell personal property. An...

28-10-422. What included in authority to sell real property - 28-10-422. What included in authority to sell real property. An...

28-10-423. Authority of agent to sell to receive price - 28-10-423. Authority of agent to sell to receive price. A...

Part 5. Subagents

28-10-501. When agent may delegate powers - 28-10-501. When agent may delegate powers. An agent, unless specially...

28-10-502. Effect of unauthorized employment of subagent - 28-10-502. Effect of unauthorized employment of subagent. If an agent...

28-10-503. Effect of authorized employment of subagent - 28-10-503. Effect of authorized employment of subagent. A subagent lawfully...

Part 6. Rights and Liabilities of Principal

28-10-601. Accrual of rights and liabilities to principal - 28-10-601. Accrual of rights and liabilities to principal. An agent...

28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs - 28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs. (1)...

28-10-603. When instrument binds principal - 28-10-603. When instrument binds principal. An instrument within the scope...

28-10-604. When notice to principal or agent is notice to the other - 28-10-604. When notice to principal or agent is notice to...

28-10-605. Extent to which principal bound when agent exceeds authority - 28-10-605. Extent to which principal bound when agent exceeds authority....

28-10-606. Extent to which principal bound by acts under ostensible authority - 28-10-606. Extent to which principal bound by acts under ostensible...

28-10-607. When principal bound by incomplete execution of authority - 28-10-607. When principal bound by incomplete execution of authority. A...

28-10-608. Rights of person who deals with agent without knowledge of agency - 28-10-608. Rights of person who deals with agent without knowledge...

28-10-609. Principal's liability when agent given exclusive credit - 28-10-609. Principal's liability when agent given exclusive credit. If exclusive...

Part 7. Agent's Responsibility to Third Persons

28-10-701. Warranty of authority - 28-10-701. Warranty of authority. A person who assumes to act...

28-10-702. When agent responsible to third persons as principal - 28-10-702. When agent responsible to third persons as principal. A...

28-10-703. Responsibility of agent when third person claims property received for principal - 28-10-703. Responsibility of agent when third person claims property received...

28-10-704. Applicability of laws relating to capacity to contract - 28-10-704. Applicability of laws relating to capacity to contract. The...

Part 8. Termination of Agency

28-10-801. Circumstances that terminate agency - 28-10-801. Circumstances that terminate agency. An agency is terminated as...

28-10-802. Circumstances that terminate agency not coupled with interest - 28-10-802. Circumstances that terminate agency not coupled with interest. Unless...

Chapter 11. Guaranty, Indemnity, and Suretyship

Part 1. Guaranty -- General Provisions

28-11-101. Guaranty defined - 28-11-101. Guaranty defined. A guaranty is a promise to answer...

28-11-102. Knowledge or consent of principal not required - 28-11-102. Knowledge or consent of principal not required. A person...

28-11-103. When separate consideration required - 28-11-103. When separate consideration required. When a guaranty is entered...

28-11-104. Guaranty generally to be in writing -- form - 28-11-104. Guaranty generally to be in writing -- form. Except...

28-11-105. When guaranty considered original obligation and need not be in writing - 28-11-105. When guaranty considered original obligation and need not be...

28-11-106. When notice of acceptance necessary to bind guarantor - 28-11-106. When notice of acceptance necessary to bind guarantor. A...

28-11-107. When guaranty considered unconditional - 28-11-107. When guaranty considered unconditional. A guaranty is to be...

28-11-108. Continuing guaranty -- definition -- revocation - 28-11-108. Continuing guaranty -- definition -- revocation. (1) A guaranty...

Part 2. Guaranty -- Liability and Exoneration of Guarantor

28-11-201. Obligation of guarantor not to exceed that of principal - 28-11-201. Obligation of guarantor not to exceed that of principal....

28-11-202. Liability under guaranty of incomplete contract - 28-11-202. Liability under guaranty of incomplete contract. In a guaranty...

28-11-203. Liability under guaranty of illegal contract or contract void against principal - 28-11-203. Liability under guaranty of illegal contract or contract void...

28-11-204. Liability under guaranty that obligation is good or collectible - 28-11-204. Liability under guaranty that obligation is good or collectible....

28-11-205. When guarantor of payment or performance becomes liable - 28-11-205. When guarantor of payment or performance becomes liable. A...

28-11-206. Liability upon guaranty of conditional obligation -- notice of default - 28-11-206. Liability upon guaranty of conditional obligation -- notice of...

28-11-207. through 28-11-210 reserved - 28-11-207 through 28-11-210 reserved.

28-11-211. When guarantor exonerated - 28-11-211. When guarantor exonerated. (1) A guarantor is exonerated, except...

28-11-212. Rescission of alteration -- liability not restored - 28-11-212. Rescission of alteration -- liability not restored. The rescission...

28-11-213. Guarantor not exonerated by delay of creditor - 28-11-213. Guarantor not exonerated by delay of creditor. Mere delay...

28-11-214. Guarantor not exonerated by discharge of principal - 28-11-214. Guarantor not exonerated by discharge of principal. A guarantor...

28-11-215. Exoneration of guarantor indemnified by principal - 28-11-215. Exoneration of guarantor indemnified by principal. A guarantor who...

28-11-216. Effect of part performance on guarantor's liability - 28-11-216. Effect of part performance on guarantor's liability. The acceptance...

Part 3. Indemnity

28-11-301. Indemnity defined - 28-11-301. Indemnity defined. Indemnity is a contract by which one...

28-11-302. Indemnity for future unlawful act void - 28-11-302. Indemnity for future unlawful act void. An agreement to...

28-11-303. Indemnity for past wrongful act valid - 28-11-303. Indemnity for past wrongful act valid. An agreement to...

28-11-304. Indemnity extended to acts of agents - 28-11-304. Indemnity extended to acts of agents. An agreement to...

28-11-305. Indemnification of several persons - 28-11-305. Indemnification of several persons. An agreement to indemnify several...

28-11-306. through 28-11-310 reserved - 28-11-306 through 28-11-310 reserved.

28-11-311. Person indemnifying liable jointly and severally - 28-11-311. (Temporary) Person indemnifying liable jointly and severally. Except as...

28-11-312. When person indemnifying entitled to reimbursement - 28-11-312. When person indemnifying entitled to reimbursement. If a person...

28-11-313. Interpretation of contract of indemnity - 28-11-313. Interpretation of contract of indemnity. In the interpretation of...

28-11-314. When and what person indemnified entitled to recover - 28-11-314. When and what person indemnified entitled to recover. (1)...

28-11-315. Costs of defense - 28-11-315. Costs of defense. An indemnity against claims, demands, or...

28-11-316. Duty of person indemnifying to defend - 28-11-316. Duty of person indemnifying to defend. The person indemnifying...

28-11-317. When judgment not conclusive against person indemnifying - 28-11-317. When judgment not conclusive against person indemnifying. (1) If...

Part 4. Suretyship

28-11-401. Surety defined - 28-11-401. Surety defined. A surety is one who, at the...

28-11-402. When apparent principal may show surety - 28-11-402. When apparent principal may show surety. A person who...

28-11-403. Interpretation of contract of suretyship - 28-11-403. Interpretation of contract of suretyship. In interpreting the terms...

28-11-404. Suretyship unaffected by judgment against surety - 28-11-404. Suretyship unaffected by judgment against surety. Notwithstanding the recovery...

28-11-405. through 28-11-410 reserved - 28-11-405 through 28-11-410 reserved.

28-11-411. Extent of surety's liability - 28-11-411. Extent of surety's liability. A surety cannot be held...

28-11-412. Exoneration of surety - 28-11-412. Exoneration of surety. A surety is exonerated: (1) in...

28-11-413. Effect of performance or offer of performance on surety's liability - 28-11-413. Effect of performance or offer of performance on surety's...

28-11-414. Application to surety of rights of guarantor - 28-11-414. Application to surety of rights of guarantor. A surety...

28-11-415. Power of surety to compel principal to perform - 28-11-415. Power of surety to compel principal to perform. A...

28-11-416. When surety may require creditor to pursue remedy - 28-11-416. When surety may require creditor to pursue remedy. A...

28-11-417. Surety's right to reimbursement and contribution - 28-11-417. Surety's right to reimbursement and contribution. (1) If a...

28-11-418. Surety entitled to benefit of security held by creditor or cosurety - 28-11-418. Surety entitled to benefit of security held by creditor...

28-11-419. Creditor entitled to benefit of security held by surety - 28-11-419. Creditor entitled to benefit of security held by surety....

28-11-420. Principal's property to be taken first - 28-11-420. Principal's property to be taken first. Whenever property of...

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Montana Code Annotated Title 28. Contracts and Other Obligations

Montana Code Annotated
Title 28. Contracts and Other Obligations