Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General

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...

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Montana Code Annotated Title 28. Contracts and Other Obligations Chapter 1. Obligations in General

Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General