Montana § 28-1-1105 - When Partial Performance Extinguishes Part Of Obligation
Full text of Montana Montana Code Annotated § 28-1-1105 — When Partial Performance Extinguishes Part Of Obligation, with citation guidance and answers to common questions.
§ 28-1-1105. When Partial Performance Extinguishes Part Of Obligation
When partial performance extinguishes part of obligation. Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 28-1-1105
What does Montana Code Annotated § 28-1-1105 cover?
Section 28-1-1105 ("When Partial Performance Extinguishes Part Of Obligation") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 28-1-1105?
A common citation format is "Montana Code Annotated § 28-1-1105" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 28-1-1105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.