Montana Code — 28
Browse 295 sections in division 28 of the Montana code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 28-1-101. Definitions
- § 28-1-102. How Obligations Arise
- § 28-1-103. What Rules Govern Interpretation Of Contracts And Other Obligations
- § 28-1-104. Relief From Forfeiture
- § 28-1-201. General Duty Of Care
- § 28-1-202. Obligation Of One Who Unilaterally Decides To Render Service
- § 28-1-203. Enforcement Of Obligations Arising By Operation Of Law
- § 28-1-204. Through 28-1-210 Reserved
- § 28-1-211. Implied Covenant Of Good Faith And Fair Dealing
- § 28-1-301. Types Of Obligations Involving Several Persons
- § 28-1-302. Joint Obligations And Covenants To Be Taken As Joint And Several
- § 28-1-303. Right To Contribution From Joint Debtors
- § 28-1-401. What Obligations Are Conditional
- § 28-1-402. Types Of Conditions
- § 28-1-403. Condition Precedent Defined
- § 28-1-404. Condition Concurrent Defined
- § 28-1-405. Condition Subsequent Defined
- § 28-1-406. What Conditions Must Be Performed Before Requiring Performance By Another
- § 28-1-407. When Prior Performance Of Conditions Excused
- § 28-1-408. Condition Involving Forfeiture To Be Strictly Construed
- § 28-1-501. Who May Select Between Alternative Performances
- § 28-1-502. How Right Of Selection Lost
- § 28-1-503. One Alternative To Be Selected In Its Entirety
- § 28-1-504. When Obligation To Be Interpreted As Though A Particular Alternative Did Not Exist
- § 28-1-1001. Rights Arising Out Of Obligation Transferable
- § 28-1-1002. When Burden Of Obligation May Be Transferred
- § 28-1-1101. Extinction Of Obligation By Full Performance
- § 28-1-1102. Performance By One Of Several Joint Debtors
- § 28-1-1103. Performance To One Of Several Joint Creditors
- § 28-1-1104. Extinction When Directions Of Creditor Followed
- § 28-1-1105. When Partial Performance Extinguishes Part Of Obligation
- § 28-1-1106. Application Of Performance When There Are Several Obligations
- § 28-1-1107. Through 28-1-1110 Reserved
- § 28-1-1111. Receipt For Money, Instrument, Or Property Delivered
- § 28-1-1112. Objections To Tender -- Waiver
- § 28-1-1113. Creditor's Retention Of Thing That Creditor Refuses To Accept
- § 28-1-1201. When Obligation Extinguished By Offer Of Performance
- § 28-1-1202. Effect Of Offer
- § 28-1-1203. Offer Of Partial Performance Ineffective
- § 28-1-1204. Who Must Make Offer Of Performance
- § 28-1-1205. To Whom Offer Must Be Made
- § 28-1-1206. Where Offer May Be Made
- § 28-1-1207. When Offer Must Be Made
- § 28-1-1208. Offer Of Late Performance With Compensation
- § 28-1-1209. Offer To Be Made In Good Faith
- § 28-1-1210. Offeror To Be Able And Willing To Perform
- § 28-1-1211. When Offer May Be Conditional
- § 28-1-1212. Objections To Mode Of Offer -- Waiver
- § 28-1-1213. Through 28-1-1220 Reserved
- § 28-1-1221. Title To Thing Offered
- § 28-1-1222. Production Of Thing To Be Delivered
- § 28-1-1223. Thing Offered To Be Kept Separate
- § 28-1-1224. Custody Of Thing Other Than Money
- § 28-1-1225. Deposit Of Money Offered In Payment
- § 28-1-1301. When Delay Or Failure To Perform Or Offer To Perform Excused
- § 28-1-1302. Effect When Performance Prevented By Creditor
- § 28-1-1303. Effect When Performance Prevented By Other Causes
- § 28-1-1304. Effect Of Refusal To Accept Performance Before Offer
- § 28-1-1401. Accord -- Definition And Effect
- § 28-1-1402. Satisfaction -- Definition And Effect
- § 28-1-1403. When Part Performance Extinguishes Obligation
- § 28-1-1501. Novation Defined
- § 28-1-1502. Kinds Of Novation
- § 28-1-1503. How Novation Accomplished
- § 28-1-1504. When Acceptance Of Novation May Be Rescinded
- § 28-1-1601. Extinction Of Obligation By A Release
- § 28-1-1602. What Claims Survive General Release
- § 28-1-1603. Effect Of Release Of Some But Not All Joint Debtors
- § 28-2-101. Contract Defined
- § 28-2-102. Essential Elements Of A Contract
- § 28-2-103. Express Versus Implied Contracts
- § 28-2-104. Executed Versus Executory Contracts
- § 28-2-201. Who May Contract
- § 28-2-202. Contracts Of Persons Entirely Without Understanding
- § 28-2-203. Contracts Of Persons With Limited Understanding
- § 28-2-204. When Person Of Unsound Mind Cannot Disaffirm Contract
- § 28-2-205. When Contract For Benefit Of Third Person May Be Enforced By Third Person
- § 28-2-206. Assignment Of Nonnegotiable Written Contract
- § 28-2-301. Essential Characteristics Of Consent
- § 28-2-302. Effect Of Consent Which Is Not Free
- § 28-2-303. When Consent Is Mutual
- § 28-2-304. Ratification Of Contract Void For Want Of Consent
- § 28-2-401. When Apparent Consent Not Free
- § 28-2-402. What Constitutes Duress
- § 28-2-403. What Constitutes Menace
- § 28-2-404. Kinds Of Fraud
- § 28-2-405. What Constitutes Actual Fraud
- § 28-2-406. What Constitutes Constructive Fraud
- § 28-2-407. What Constitutes Undue Influence
- § 28-2-408. Kinds Of Mistake
- § 28-2-409. What Constitutes Mistake Of Fact
- § 28-2-410. What Constitutes Mistake Of Law
- § 28-2-411. Mistake Of Foreign Laws -- Mistake Of Fact
- § 28-2-501. How Consent Is Communicated
- § 28-2-502. When Consent Is Considered Fully Communicated
- § 28-2-503. Implied Acceptance
- § 28-2-504. Acceptance To Be Absolute
- § 28-2-505. Through 28-2-510 Reserved
- § 28-2-511. When Proposal May Be Revoked
- § 28-2-512. How Proposal Revoked
- § 28-2-601. Object Of Contract Defined
- § 28-2-602. Essential Characteristics Of Object
- § 28-2-603. When Contract Wholly Void
- § 28-2-604. When Contract Partially Void
- § 28-2-701. What Is Unlawful
- § 28-2-702. Contracts That Violate Policy Of Law -- Exemption From Responsibility -- Exception
- § 28-2-703. Contracts In Restraint Of Trade Generally Void
- § 28-2-704. Exception -- Sale Of Goodwill Of Business
- § 28-2-705. Exception -- Dissolution Of Partnership
- § 28-2-706. Contracts In Restraint Of Marriage Generally Void
- § 28-2-707. What Conditions Void
- § 28-2-708. Restraints Upon Legal Proceedings Void
- § 28-2-709. Illegality Of Agreement To Allow Another Person To Confess Judgment, Accept Service Of Process, Or Accept Default
- § 28-2-710. Compromise And Settlement Of Civil Claims -- Negotiation
- § 28-2-711. Through 28-2-720 Reserved
- § 28-2-721. When Provision Fixing Liquidated Damages Valid
- § 28-2-722. Repealed
- § 28-2-723. Construction Contracts Requiring Lien Or Bond Waiver Void
- § 28-2-724. Prohibition Of Contracts That Restrict Practice -- Applicability -- Exceptions
- § 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
- § 28-2-901. When Contracts May Be Oral
- § 28-2-902. Enforcement Of Contract Not In Writing Through Fraud
- § 28-2-903. What Contracts Must Be In Writing
- § 28-2-904. Effect Of Written Contract On Oral Agreements
- § 28-2-905. When Extrinsic Evidence Concerning A Written Agreement May Be Considered
- § 28-2-906. When Written Contract Takes Effect
- § 28-2-907. Applicability Of Rules Concerning Transfers In General
- § 28-2-1501. When Successive Actions On Same Contract Permitted
- § 28-2-1601. Alteration Of Oral Contract By Parties
- § 28-2-1602. How Written Contract May Be Altered By Parties
- § 28-2-1603. Through 28-2-1610 Reserved
- § 28-2-1611. When Written Contract May Be Revised By Court
- § 28-2-1612. Presumption That Parties Intended Equitable Agreement
- § 28-2-1613. Scope Of Court's Inquiry
- § 28-2-1614. Specific Enforcement Of Revised Contract
- § 28-2-1701. How Contract Extinguished
- § 28-2-1702. Extinction Of Written Contract By Destruction Or Cancellation
- § 28-2-1703. Extinction Of Executory Obligations Of Contract By Destruction, Cancellation, Or Alteration
- § 28-2-1704. Through 28-2-1710 Reserved
- § 28-2-1711. When Party May Rescind
- § 28-2-1712. When Stipulation Against Rescission Ineffective
- § 28-2-1713. How Rescission Accomplished
- § 28-2-1714. When Rescission May Be Adjudged
- § 28-2-1715. When Rescission May Be Adjudged For Mistake
- § 28-2-1716. Power Of Court To Require Party Rescinding To Do Equity
- § 28-2-2101. Definitions
- § 28-2-2102. Performance Entitles Contractor Or Subcontractor To Payment
- § 28-2-2103. Payment To Contractor And Subcontractor
- § 28-2-2104. Obligations Upon Delay Of Payment
- § 28-2-2105. Prevailing Party Entitled To Costs And Attorney Fees
- § 28-2-2106. Remedies Not Exclusive
- § 28-2-2107. Exception For Certain Residential Dwellings
- § 28-2-2108. And 28-2-2109 Reserved
- § 28-2-2110. Limit On Retainage
- § 28-2-2111. Construction Contract Indemnification Provisions
- § 28-2-2112. Through 28-2-2114 Reserved
- § 28-2-2115. Alternative Billing Cycle
- § 28-2-2116. Construction Contracts -- Void Provisions
- § 28-2-2117. Suspension Of Performance -- Termination
- § 28-2-2201. Residential Construction Contracts -- Disclosure And Warranty Requirements
- § 28-2-2202. Disclosure And Warranty Requirements For Sales Of Newly Constructed Residences
- § 28-3-101. Rules Of Interpretation To Be Uniform
- § 28-3-102. What Law And Usage To Govern Interpretation
- § 28-3-201. Interpretation Giving Effect To Contract Favored
- § 28-3-202. Effect To Be Given To Every Part Of Contract
- § 28-3-203. When Several Contracts Taken Together
- § 28-3-204. How Repugnancies Reconciled
- § 28-3-205. Written Or Original Terms To Control Printed Terms
- § 28-3-206. Uncertainty To Be Resolved Against Party Causing It
- § 28-3-301. Interpretation To Give Effect To Mutual Intention
- § 28-3-302. How Intention Ascertained
- § 28-3-303. Writing Generally To Determine Intention
- § 28-3-304. When Writing Disregarded
- § 28-3-305. Contract Restricted To Its Apparent Objects
- § 28-3-306. Interpretation Of Terms That Are Ambiguous Or Intended In Different Sense By Different Parties
- § 28-3-307. Particular Clauses Subordinate To General Intent
- § 28-3-401. Extent To Which Language Governs Interpretation
- § 28-3-402. Reference To Circumstances Permissible
- § 28-3-403. Superseded
- § 28-3-501. Words Generally Understood In Their Ordinary Sense
- § 28-3-502. Interpretation Of Technical Words
- § 28-3-503. Inconsistent Words To Be Rejected
- § 28-3-601. Time Of Performance When Not Specified
- § 28-3-602. When Time Considered Of The Essence
- § 28-3-603. Postponement Of Performance Date Which Falls On Holiday
- § 28-3-701. Stipulations Necessary For Reasonableness Or Conformity To Usage
- § 28-3-702. Necessary And Incidental Terms
- § 28-3-703. When Promise Presumed To Be Joint And Several
- § 28-3-704. Contractual Right To Attorney Fees Treated As Reciprocal -- Exception
- § 28-10-101. Definitions Of Agent And Agency
- § 28-10-102. General Versus Special Agents
- § 28-10-103. Actual Versus Ostensible Agency -- Limitation
- § 28-10-104. Who May Appoint An Agent, Who May Be An Agent
- § 28-10-105. What Acts Agent May Perform
- § 28-10-201. How Agency May Be Created
- § 28-10-202. Consideration Unnecessary
- § 28-10-203. When Written Authorization Necessary
- § 28-10-204. Through 28-10-210 Reserved
- § 28-10-211. How Agent's Act Ratified
- § 28-10-212. Ratification Of Part Of Indivisible Transaction
- § 28-10-213. Ratification Not To Prejudice Third Persons
- § 28-10-214. When Ratification Void
- § 28-10-215. When Ratification May Be Rescinded
- § 28-10-301. Agent Not To Exceed Actual Authority
- § 28-10-302. Duty To Keep Principal Informed
- § 28-10-303. Duty Of Agent Employed To Collect Negotiable Instrument
- § 28-10-401. What Authority Agent Has
- § 28-10-402. Actual Authority Defined
- § 28-10-403. Ostensible Authority Defined
- § 28-10-404. When And As To Whom Agent's Authority Restricted
- § 28-10-405. Implied Powers Of Agent
- § 28-10-406. Interpretation Of Authority Given Partly In General And Partly In Specific Terms
- § 28-10-407. Statutory Exceptions To General Authority
- § 28-10-408. When Agent May Disobey Instructions
- § 28-10-409. No Authority To Defraud Principal
- § 28-10-410. Through 28-10-420 Reserved
- § 28-10-421. What Included In Authority To Sell Personal Property
- § 28-10-422. What Included In Authority To Sell Real Property
- § 28-10-423. Authority Of Agent To Sell To Receive Price
- § 28-10-501. When Agent May Delegate Powers
- § 28-10-502. Effect Of Unauthorized Employment Of Subagent
- § 28-10-503. Effect Of Authorized Employment Of Subagent
- § 28-10-601. Accrual Of Rights And Liabilities To Principal
- § 28-10-602. Principal's Responsibility For Agent's Negligence, Omissions, And Wrongs
- § 28-10-603. When Instrument Binds Principal
- § 28-10-604. When Notice To Principal Or Agent Is Notice To The Other
- § 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
- § 28-10-607. When Principal Bound By Incomplete Execution Of Authority
- § 28-10-608. Rights Of Person Who Deals With Agent Without Knowledge Of Agency
- § 28-10-609. Principal's Liability When Agent Given Exclusive Credit
- § 28-10-701. Warranty Of Authority
- § 28-10-702. When Agent Responsible To Third Persons As Principal
- § 28-10-703. Responsibility Of Agent When Third Person Claims Property Received For Principal
- § 28-10-704. Applicability Of Laws Relating To Capacity To Contract
- § 28-10-801. Circumstances That Terminate Agency
- § 28-10-802. Circumstances That Terminate Agency Not Coupled With Interest
- § 28-11-101. Guaranty Defined
- § 28-11-102. Knowledge Or Consent Of Principal Not Required
- § 28-11-103. When Separate Consideration Required
- § 28-11-104. Guaranty Generally To Be In Writing -- Form
- § 28-11-105. When Guaranty Considered Original Obligation And Need Not Be In Writing
- § 28-11-106. When Notice Of Acceptance Necessary To Bind Guarantor
- § 28-11-107. When Guaranty Considered Unconditional
- § 28-11-108. Continuing Guaranty -- Definition -- Revocation
- § 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
- § 28-11-301. Indemnity Defined
- § 28-11-302. Indemnity For Future Unlawful Act Void
- § 28-11-303. Indemnity For Past Wrongful Act Valid
- § 28-11-304. Indemnity Extended To Acts Of Agents
- § 28-11-305. Indemnification Of Several Persons
- § 28-11-306. Through 28-11-310 Reserved
- § 28-11-311. Person Indemnifying Liable Jointly And Severally
- § 28-11-312. When Person Indemnifying Entitled To Reimbursement
- § 28-11-313. Interpretation Of Contract Of Indemnity
- § 28-11-314. When And What Person Indemnified Entitled To Recover
- § 28-11-315. Costs Of Defense
- § 28-11-316. Duty Of Person Indemnifying To Defend
- § 28-11-317. When Judgment Not Conclusive Against Person Indemnifying
- § 28-11-401. Surety Defined
- § 28-11-402. When Apparent Principal May Show Surety
- § 28-11-403. Interpretation Of Contract Of Suretyship
- § 28-11-404. Suretyship Unaffected By Judgment Against Surety
- § 28-11-405. Through 28-11-410 Reserved
- § 28-11-411. Extent Of Surety's Liability
- § 28-11-412. Exoneration Of Surety
- § 28-11-413. Effect Of Performance Or Offer Of Performance On Surety's Liability
- § 28-11-414. Application To Surety Of Rights Of Guarantor
- § 28-11-415. Power Of Surety To Compel Principal To Perform
- § 28-11-416. When Surety May Require Creditor To Pursue Remedy
- § 28-11-417. Surety's Right To Reimbursement And Contribution
- § 28-11-418. Surety Entitled To Benefit Of Security Held By Creditor Or Cosurety
- § 28-11-419. Creditor Entitled To Benefit Of Security Held By Surety
- § 28-11-420. Principal's Property To Be Taken First