Mont. Code Ann. § 28-2-902 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-902
28-2-902 Enforcement of contract not in writing through fraud
Status: in_force

28-2-902 . Enforcement of contract not in writing through fraud. Where a contract that is required by law to be in writing is prevented from being put into writing by the fraud of a party to the contract, any other party who is by the fraud led to believe that the contract is in writing and acts upon that belief to the party's prejudice may enforce it against the fraudulent party.
Mont. Code Ann. § 28-2-701 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-701
28-2-701 What is unlawful
Status: in_force

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

(1) contrary to an express provision of law;

(2) contrary to the policy of express law, though not expressly prohibited; or

(3) otherwise contrary to good morals.
Mont. Code Ann. § 28-2-2117 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2117
28-2-2117 Suspension of performance -- termination
Status: in_force

28-2-2117 . Suspension of performance -- termination. (1) (a) A contractor may suspend performance under a construction contract for failure by the owner to make timely payment of the amount approved pursuant to 28-2-2103 , and the contractor may terminate the construction contract if the payment obligations are not satisfied within 30 days of suspension.

(b) A contractor shall provide written notice to the owner at least 7 calendar days before the contractor's intended suspension of performance or contract termination unless a shorter notice period is prescribed in the construction contract.

(c) A contractor may not be considered in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection (1).

(d) A construction contract may not extend the time period for a contractor to suspend performance or terminate a construction contract under this subsection (1).

(2) (a) A subcontractor may suspend performance under a construction contract if the owner fails to make timely payment of amounts approved pursuant to 28-2-2103 for the subcontractor's work and the contractor fails to pay the subcontractor for the approved work. The subcontractor may terminate the construction contract if the payment obligations are not satisfied within 30 days of suspension.

(b) A subcontractor shall provide written notice to the contractor and the owner at least 7 calendar days before the subcontractor's intended suspension of performance or contract termination unless a shorter notice period is prescribed in the construction contract.

(c) A subcontractor may not be considered in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection (2).

(d) A construction contract may not extend the time period for a subcontractor to suspend performance or terminate a construction contract under this subsection (2).

(3) (a) A subcontractor may suspend performance under a construction contract if the owner makes timely payment of amounts approved pursuant to 28-2-2103 for the subcontractor's work but the contractor fails to pay the subcontractor for the approved work. The subcontractor may terminate the construction contract if the payment obligations are not satisfied within 30 days of suspension.

(b) A subcontractor may not be considered in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection (3).

(c) A construction contract may not extend the time period for a subcontractor to suspend performance or terminate a construction contract under this subsection (3).

(4) (a) A subcontractor may suspend performance under a construction contract if the owner declines to approve portions of the contractor's payment request pursuant to 28-2-2103 for the subcontractor's work and the reasons for the owner's refusal to approve are not the fault of or directly related to the subcontractor's work. The subcontractor may terminate the construction contract if the payment obligations are not satisfied within 30 days of suspension.

(b) A subcontractor may not be considered in breach of a construction contract for suspending performance or terminating a construction contract pursuant to this subsection (4).

(c) A construction contract may not extend the time period for a subcontractor to suspend performance or terminate a construction contract under this subsection (4).

(5) A subcontractor shall provide written notice to the contractor and the owner at least 7 calendar days before the subcontractor's intended suspension of performance or contract termination unless a shorter notice period is prescribed in the construction contract between the contractor and subcontractor.

(6) A contractor or subcontractor that suspends performance as provided in this section is not required to furnish further labor, materials, or services until the contractor or subcontractor is paid the amount that was approved, together with any costs incurred for mobilization and project rescheduling resulting from the shutdown or restartup of a project.

(7) Written notice required under this section must be considered to have been provided if either of the following occurs:

(a) the written notice is delivered in person to the individual or a member of the entity or to an officer of the corporation for which it was intended; or

(b) the written notice is delivered at or sent by any means that provides written, third-party verification of delivery to the last-known business address of the party receiving notice.
Mont. Code Ann. § 28-1-502 — MT Code / Title 28 / Chapter 1 / Part 5 / Section 28-1-502
28-1-502 How right of selection lost
Status: in_force

28-1-502 . How right of selection lost. If the party having the right of selection between alternative acts does not give notice of the selection to the other party within the time, if any, fixed by the obligation for that purpose or, if a time is not fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
Mont. Code Ann. § 28-1-408 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-408
28-1-408 Condition involving forfeiture to be strictly construed
Status: in_force

28-1-408 . Condition involving forfeiture to be strictly construed. A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
Mont. Code Ann. § 28-3-307 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-307
28-3-307 Particular clauses subordinate to general intent
Status: in_force

28-3-307 . Particular clauses subordinate to general intent. Particular clauses of a contract are subordinate to its general intent.
Mont. Code Ann. § 28-2-1501 — MT Code / Title 28 / Chapter 2 / Part 15 / Section 28-2-1501
28-2-1501 When successive actions on same contract permitted
Status: in_force

28-2-1501 . When successive actions on same contract permitted. Successive actions may be maintained upon the same contract or transaction whenever after the former action a new cause of action arises therefrom.
Mont. Code Ann. § 28-3-704 — MT Code / Title 28 / Chapter 3 / Part 7 / Section 28-3-704
28-3-704 Contractual right to attorney fees treated as reciprocal -- exception
Status: in_force

28-3-704 . Contractual right to attorney fees treated as reciprocal -- exception. (1) Except as provided in subsection (2), whenever, by virtue of the provisions of any contract or obligation in the nature of a contract made and entered into at any time after July 1, 1971, one party to the contract or obligation has an express right to recover attorney fees from any other party to the contract or obligation in the event the party having that right brings an action upon the contract or obligation, then in any action on the contract or obligation all parties to the contract or obligation are considered to have the same right to recover attorney fees and the prevailing party in any action, whether by virtue of the express contractual right or by virtue of this section, is entitled to recover reasonable attorney fees from the losing party or parties.

(2) For a contract or obligation negotiated between a private party and a party with condemnation authority over the private party's property, the party with condemnation authority is not entitled to recover attorney fees from the losing party or parties pursuant to subsection (1) in an action to enforce a contract or obligation involving the property.
Mont. Code Ann. § 28-1-1112 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1112
28-1-1112 Objections to tender -- waiver
Status: in_force

28-1-1112 . Objections to tender -- waiver. The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property or the person must be considered to have waived the objection. If the objections are to the amount of money, the terms of the instrument, or the amount or kind of property, the person shall specify the amount, terms, or kind that the person requires or be precluded from objecting afterward.
Mont. Code Ann. § 28-10-503 — MT Code / Title 28 / Chapter 10 / Part 5 / Section 28-10-503
28-10-503 Effect of authorized employment of subagent
Status: in_force

28-10-503 . Effect of authorized employment of subagent. A subagent lawfully appointed represents the principal in like manner with the original agent, and the original agent is not responsible to third persons for the acts of the subagent.
Mont. Code Ann. § 28-2-702 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-702
28-2-702 Contracts that violate policy of law -- exemption from responsibility -- exception
Status: in_force

28-2-702 . Contracts that violate policy of law -- exemption from responsibility -- exception. Except as provided in 27-1-753 , all contracts that have for their object, directly or indirectly, to exempt anyone from responsibility for the person's own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent, are against the policy of the law.
Mont. Code Ann. § 28-1-1303 — MT Code / Title 28 / Chapter 1 / Part 13 / Section 28-1-1303
28-1-1303 Effect when performance prevented by other causes
Status: in_force

28-1-1303 . Effect when performance prevented by other causes. If full performance of an obligation is prevented by any cause excusing performance other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which the debtor would have been entitled upon full performance, according to the benefit that the creditor receives from the actual performance.
Mont. Code Ann. § 28-10-203 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-203
28-10-203 When written authorization necessary
Status: in_force

28-10-203 . When written authorization necessary. An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.
Mont. Code Ann. § 28-11-301 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-301
28-11-301 Indemnity defined
Status: in_force

28-11-301 . Indemnity defined. Indemnity is a contract by which one engages to save another from a legal consequence of the conduct of one of the parties or of some other person.
Mont. Code Ann. § 28-3-306 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-306
28-3-306 Interpretation of terms that are ambiguous or intended in different sense by different parties
Status: in_force

28-3-306 . Interpretation of terms that are ambiguous or intended in different sense by different parties. (1) If the terms of a promise are in any respect ambiguous or uncertain, the promise must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.

(2) When the terms of an agreement have been intended in a different sense by different parties to the agreement, that sense is to prevail against either party in which the party supposed the other party understood it. If different constructions of a provision are otherwise equally proper, that construction is to be taken that is most favorable to the party in whose favor the provision was made.
Mont. Code Ann. § 28-3-305 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-305
28-3-305 Contract restricted to its apparent objects
Status: in_force

28-3-305 . Contract restricted to its apparent objects. However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
Mont. Code Ann. § 28-10-501 — MT Code / Title 28 / Chapter 10 / Part 5 / Section 28-10-501
28-10-501 When agent may delegate powers
Status: in_force

28-10-501 . When agent may delegate powers. An agent, unless specially forbidden by the principal to do so, can delegate the agent's powers to another person in any of the following cases and in no others:

(1) when the act to be done is purely mechanical;

(2) when the agent cannot and the subagent can lawfully perform the act;

(3) when it is the usage of the place to delegate the powers; or

(4) when the delegation is specially authorized by the principal.
Mont. Code Ann. § 28-2-707 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-707
28-2-707 What conditions void
Status: in_force

28-2-707 . What conditions void. A condition in a contract the fulfillment of which is impossible or unlawful within the meaning of part 6 and this part or which is repugnant to the nature of the interest created by the contract is void.
Mont. Code Ann. § 28-11-204 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-204
28-11-204 Liability under guaranty that obligation is good or collectible
Status: in_force

28-11-204 . Liability under guaranty that obligation is good or collectible. (1) A guaranty to the effect that an obligation is good or is collectible imports that the debtor is solvent and that the demand is collectible by the usual legal proceedings if taken with reasonable diligence.

(2) A guaranty such as is mentioned in subsection (1) is not discharged by an omission to take proceedings upon the principal debt or upon any collateral security for its payment if no part of the debt could have been collected thereby.

(3) In the case mentioned in subsection (1), the removal of the principal from the state, leaving no property therein from which the obligation might be satisfied, is equivalent to the insolvency of the principal in its effect upon the rights and obligations of the guarantor.
Mont. Code Ann. § 28-10-602 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-602
28-10-602 Principal's responsibility for agent's negligence, omissions, and wrongs
Status: in_force

28-10-602 . Principal's responsibility for agent's negligence, omissions, and wrongs. (1) Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of the principal's agent in the transaction of the business of the agency, including wrongful acts committed by the agent in and as a part of the transaction of business, and for the agent's willful omission to fulfill the obligations of the principal.

(2) A principal is not responsible for other wrongs committed by the principal's agent except those mentioned in subsection (1) unless the principal has authorized or ratified the acts, even though they are committed while the agent is engaged in the principal's service.
Mont. Code Ann. § 28-11-211 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-211
28-11-211 When guarantor exonerated
Status: in_force

28-11-211 . When guarantor exonerated. (1) A guarantor is exonerated, except so far as the guarantor may be indemnified by the principal, if by any act of the creditor not authorized by the original guaranty instrument or without the separate consent of the guarantor, the original obligation of the principal is altered in any respect or the remedies or rights of the creditor against the principal in respect to the original obligation are in any way impaired or suspended.

(2) A promise by a creditor that for any cause is void or voidable by the creditor at the creditor's option does not alter the obligation or suspend or impair the remedy within the meaning of subsection (1).
Mont. Code Ann. § 28-2-301 — MT Code / Title 28 / Chapter 2 / Part 3 / Section 28-2-301
28-2-301 Essential characteristics of consent
Status: in_force

28-2-301 . Essential characteristics of consent. The consent of the parties to a contract must be:

(1) free;

(2) mutual; and

(3) communicated by each to the other.
Mont. Code Ann. § 28-2-1611 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1611
28-2-1611 When written contract may be revised by court
Status: in_force

28-2-1611 . When written contract may be revised by court. When, through fraud or a mutual mistake of the parties or a mistake of one party while the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons in good faith and for value.
Mont. Code Ann. § 28-1-1211 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1211
28-1-1211 When offer may be conditional
Status: in_force

28-1-1211 . When offer may be conditional. (1) An offer of performance must be free from any conditions that the creditor is not bound to perform.

(2) When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the offer depend upon the due performance of the condition.
Mont. Code Ann. § 28-1-1210 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1210
28-1-1210 Offeror to be able and willing to perform
Status: in_force

28-1-1210 . Offeror to be able and willing to perform. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
Mont. Code Ann. § 28-10-215 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-215
28-10-215 When ratification may be rescinded
Status: in_force

28-10-215 . When ratification may be rescinded. A ratification may be rescinded when made without such consent as is required in a contract or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise.
Mont. Code Ann. § 28-2-604 — MT Code / Title 28 / Chapter 2 / Part 6 / Section 28-2-604
28-2-604 When contract partially void
Status: in_force

28-2-604 . When contract partially void. Where a contract has several distinct objects of which one at least is lawful and one at least is unlawful, in whole or in part, the contract is void as to the latter and valid as to the rest.
Mont. Code Ann. § 28-11-304 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-304
28-11-304 Indemnity extended to acts of agents
Status: in_force

28-11-304 . Indemnity extended to acts of agents. An agreement to indemnify against the acts of a certain person applies not only to the person's acts and their consequences but also to those of the person's agents.
Mont. Code Ann. § 28-1-203 — MT Code / Title 28 / Chapter 1 / Part 2 / Section 28-1-203
28-1-203 Enforcement of obligations arising by operation of law
Status: in_force

28-1-203 . Enforcement of obligations arising by operation of law. An obligation arising from operation of law may be enforced by civil action or proceeding or in the manner provided by law.
Mont. Code Ann. § 28-11-417 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-417
28-11-417 Surety's right to reimbursement and contribution
Status: in_force

28-11-417 . Surety's right to reimbursement and contribution. (1) If a surety satisfies the principal obligation or any part of the principal obligation, whether with or without legal proceedings, the principal is bound to reimburse what the surety has disbursed, including necessary costs and expenses, but the surety does not have a claim for reimbursement against other persons, even though they may have been benefited by the surety's act, except as prescribed by subsection (2).

(2) A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy that the creditor then has against the principal to the extent of reimbursing what the surety has expended and also to require all cosureties to contribute to the reimbursement without regard to the order of time in which they became cosureties.
Mont. Code Ann. § 28-3-603 — MT Code / Title 28 / Chapter 3 / Part 6 / Section 28-3-603
28-3-603 Postponement of performance date which falls on holiday
Status: in_force

28-3-603 . Postponement of performance date which falls on holiday. Whenever any act of a secular nature other than a work of necessity or mercy is appointed by contract to be performed upon a particular day which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.
Mont. Code Ann. § 28-1-1603 — MT Code / Title 28 / Chapter 1 / Part 16 / Section 28-1-1603
28-1-1603 Effect of release of some but not all joint debtors
Status: in_force

28-1-1603 . Effect of release of some but not all joint debtors. A release of one of two or more joint debtors does not extinguish the obligation of any of the others unless they are mere guarantors, nor does it affect their rights to contribution from the released debtor.
Mont. Code Ann. § 28-1-403 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-403
28-1-403 Condition precedent defined
Status: in_force

28-1-403 . Condition precedent defined. A condition precedent is one which is to be performed before some right dependent thereon accrues or some act dependent thereon is performed.
Mont. Code Ann. § 28-2-704 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-704
28-2-704 Exception -- sale of goodwill of business
Status: in_force

28-2-704 . Exception -- sale of goodwill of business. (1) A person who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within the areas provided in subsection (2) so long as the buyer or any person deriving title to the goodwill from the buyer carries on a like business in the described areas.

(2) The agreement authorized in subsection (1) may apply in:

(a) the city where the principal office of the business is located;

(b) the county where the principal office of the business is located;

(c) a city in any county adjacent to the county in which the principal office of the business is located;

(d) any county adjacent to the county in which the principal office of the business is located; or

(e) any combination of the areas in subsections (2)(a) through (2)(d).
Mont. Code Ann. § 28-2-203 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-203
28-2-203 Contracts of persons with limited understanding
Status: in_force

28-2-203 . Contracts of persons with limited understanding. A conveyance or other contract of a person of unsound mind but not entirely without understanding, made before the person's incapacity has been judicially determined, is subject to rescission as provided in part 17 of this chapter.
Mont. Code Ann. § 28-2-205 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-205
28-2-205 When contract for benefit of third person may be enforced by third person
Status: in_force

28-2-205 . When contract for benefit of third person may be enforced by third person. A contract made expressly for the benefit of a third person may be enforced by the third person at any time before the parties to the contract rescind the contract.
Mont. Code Ann. § 28-2-512 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-512
28-2-512 How proposal revoked
Status: in_force

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

(1) the communication of notice of revocation by the proposer to the other party in the manner prescribed by 28-2-501 and 28-2-502 before the other party's acceptance has been communicated to the proposer;

(2) the lapse of the time prescribed in the proposal for its acceptance or, if no time is prescribed, the lapse of a reasonable time without communication of the acceptance;

(3) the failure of the acceptor to fulfill a condition precedent to acceptance; or

(4) the death or serious mental illness of the proposer.
Mont. Code Ann. § 28-2-2110 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2110
28-2-2110 Limit on retainage
Status: in_force

28-2-2110 . Limit on retainage. (1) The maximum retainage applied to construction contracts subject to the provisions of this part may not exceed 5%.

(2) The retainage percentage withheld by an owner, as provided in subsection (1), from a construction contractor is the maximum retainage that a construction contractor may withhold from a subcontractor.

(3) Retainage must be released upon the final acceptance of each portion of work for which a separate price is stated in the construction contract.
Mont. Code Ann. § 28-1-1203 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1203
28-1-1203 Offer of partial performance ineffective
Status: in_force

28-1-1203 . Offer of partial performance ineffective. An offer of partial performance is of no effect.
Mont. Code Ann. § 28-2-703 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-703
28-2-703 Contracts in restraint of trade generally void
Status: in_force

28-2-703 . Contracts in restraint of trade generally void. Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705 , is to that extent void.
Mont. Code Ann. § 28-2-1703 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1703
28-2-1703 Extinction of executory obligations of contract by destruction, cancellation, or alteration
Status: in_force

28-2-1703 . Extinction of executory obligations of contract by destruction, cancellation, or alteration. (1) The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under the contract or with the party's consent extinguishes all the executory obligations of the contract in that party's favor against parties who do not consent to the act.

(2) When a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of subsection (1).
Mont. Code Ann. § 28-2-2101 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2101
28-2-2101 Definitions
Status: in_force

28-2-2101 . Definitions. As used in this part, unless the context requires otherwise, the following terms apply:

(1) "Construction contract" means a written agreement between an owner and a contractor for the contractor to construct or improve or to provide construction management for the construction or improvement of an improvement to real property.

(2) "Contractor" means a person who has signed a construction contract with an owner.

(3) "Government entity" means a city, town, county, consolidated municipal-county government, school district, or other special district.

(4) "Improve" means to build, alter, demolish, repair, construct, expand, cover, excavate, grade, fill, clear, plant, landscape, or furnish material or labor, or both for an improvement.

(5) "Improvement" means all or a part of a residential or commercial building, structure, area of real property, quantity of earth or fill material, tree or shrubbery, driveway, roadway, or parking area.

(6) "Owner" means a governmental entity or private entity that has a legal interest in the real property improved or to be improved by the performance of the construction contract. An owner may, in the contract, designate another person to represent the owner for the purpose of overseeing the performance of the construction contract and in handling administrative tasks respecting the construction contract.

(7) "Receipt" or "receive" means actual receipt.

(8) "Subcontract" means a contract between a contractor and a subcontractor or between a subcontractor and another subcontractor, the purpose of which is the performance of all or a part of the construction contract.

(9) "Subcontractor" means a person who has contracted with a contractor or another subcontractor for the purposes of performance of all or a part of a subcontract.
Mont. Code Ann. § 28-2-101 — MT Code / Title 28 / Chapter 2 / Part 1 / Section 28-2-101
28-2-101 Contract defined
Status: in_force

28-2-101 . Contract defined. A contract is an agreement to do or not to do a certain thing.
Mont. Code Ann. § 28-2-201 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-201
28-2-201 Who may contract
Status: in_force

28-2-201 . Who may contract. All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. Minors and persons of unsound mind have only such capacity as is defined by this part, 28-10-104 , and Title 41, chapter 1.
Mont. Code Ann. § 28-11-101 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-101
28-11-101 Guaranty defined
Status: in_force

28-11-101 . Guaranty defined. A guaranty is a promise to answer for the debt, default, or miscarriage of another person.
Mont. Code Ann. § 28-2-1702 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1702
28-2-1702 Extinction of written contract by destruction or cancellation
Status: in_force

28-2-1702 . Extinction of written contract by destruction or cancellation. The destruction or cancellation of a written contract or of the signature of the parties liable thereon with intent to extinguish the obligation thereof extinguishes it as to all the parties consenting to the act.
Mont. Code Ann. § 28-3-501 — MT Code / Title 28 / Chapter 3 / Part 5 / Section 28-3-501
28-3-501 Words generally understood in their ordinary sense
Status: in_force

28-3-501 . Words generally understood in their ordinary sense. The words of a contract are to be understood in their ordinary and popular sense rather than according to their strict legal meaning unless used by the parties in a technical sense or unless a special meaning is given to them by usage, in which case the latter must be followed.
Mont. Code Ann. § 28-2-1715 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1715
28-2-1715 When rescission may be adjudged for mistake
Status: in_force

28-2-1715 . When rescission may be adjudged for mistake. Rescission cannot be adjudged for mere mistake unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made.
Mont. Code Ann. § 28-3-203 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-203
28-3-203 When several contracts taken together
Status: in_force

28-3-203 . When several contracts taken together. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction are to be taken together.
Mont. Code Ann. § 28-11-418 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-418
28-11-418 Surety entitled to benefit of security held by creditor or cosurety
Status: in_force

28-11-418 . Surety entitled to benefit of security held by creditor or cosurety. A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor or by a cosurety at the time of entering into the contract of suretyship or acquired by the creditor or cosurety afterwards, whether the surety was aware of the security or not.
Mont. Code Ann. § 28-2-812 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-812
28-2-812 How amount of executory consideration may be determined
Status: in_force

28-2-812 . How amount of executory consideration may be determined. When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person or regulated by any specified standard.
Mont. Code Ann. § 28-1-1221 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1221
28-1-1221 Title to thing offered
Status: in_force

28-1-1221 . Title to thing offered. The title to a thing duly offered in performance of an obligation passes to the creditor if the debtor at the time signifies the debtor's intention to that effect.
Mont. Code Ann. § 28-1-1302 — MT Code / Title 28 / Chapter 1 / Part 13 / Section 28-1-1302
28-1-1302 Effect when performance prevented by creditor
Status: in_force

28-1-1302 . Effect when performance prevented by creditor. If the performance of an obligation is prevented by the creditor, the debtor is entitled to all the benefits that the debtor would have obtained if the obligation had been performed by both parties.
Mont. Code Ann. § 28-11-103 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-103
28-11-103 When separate consideration required
Status: in_force

28-11-103 . When separate consideration required. When a guaranty is entered into at the same time with the original obligation or with the acceptance of the original obligation by the person making the guaranty and forms with that original obligation a part of the consideration to the person, no other consideration need exist. In all other cases, there must be a consideration distinct from that of the original obligation.
Mont. Code Ann. § 28-2-907 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-907
28-2-907 Applicability of rules concerning transfers in general
Status: in_force

28-2-907 . Applicability of rules concerning transfers in general. The provisions of Title 70, chapter 1, part 5, and 70-20-110 concerning the delivery of grants, absolute and conditional, apply to all written contracts.
Mont. Code Ann. § 28-10-301 — MT Code / Title 28 / Chapter 10 / Part 3 / Section 28-10-301
28-10-301 Agent not to exceed actual authority
Status: in_force

28-10-301 . Agent not to exceed actual authority. An agent may not exceed the limits of the agent's actual authority as defined by Title 30, chapter 11, parts 5 and 6, and this chapter.
Mont. Code Ann. § 28-2-2107 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2107
28-2-2107 Exception for certain residential dwellings
Status: in_force

28-2-2107 . Exception for certain residential dwellings. The provisions of this part do not apply to residential projects or improvements to real property intended for residential purposes with a total cost of less than $400,000.
Mont. Code Ann. § 28-11-108 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-108
28-11-108 Continuing guaranty -- definition -- revocation
Status: in_force

28-11-108 . Continuing guaranty -- definition -- revocation. (1) A guaranty relating to a future liability of the principal under successive transactions that either continue the principal's liability or from time to time renew it after it has been satisfied is called a continuing guaranty.

(2) A continuing guaranty may be revoked at any time by the guarantor in respect to future transactions unless there is a continuing consideration as to the transactions that the guarantor does not renounce.
Mont. Code Ann. § 28-1-406 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-406
28-1-406 What conditions must be performed before requiring performance by another
Status: in_force

28-1-406 . What conditions must be performed before requiring performance by another. Before a party to an obligation can require another party to perform any act under it, the party shall fulfill all conditions precedent to the act imposed upon that party and must be able and offer to fulfill all concurrent conditions imposed upon that party on the like fulfillment by the other party, except as provided by 28-1-407 .
Mont. Code Ann. § 28-2-2106 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2106
28-2-2106 Remedies not exclusive
Status: in_force

28-2-2106 . Remedies not exclusive. The remedies provided by this part are not exclusive of any other remedy provided by law or contract.
Mont. Code Ann. § 28-2-710 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-710
28-2-710 Compromise and settlement of civil claims -- negotiation
Status: in_force

28-2-710 . Compromise and settlement of civil claims -- negotiation. (1) Except as provided in subsection (2), a party in a settlement negotiation may not demand, as a condition of settlement, that the settlement proceeds are classified as a specific category of damage that does not accurately describe the specific damages at issue.

(2) The parties may stipulate that any damages may be classified as any category of damages. The stipulation must be included in the settlement agreement.
Mont. Code Ann. § 28-1-1205 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1205
28-1-1205 To whom offer must be made
Status: in_force

28-1-1205 . To whom offer must be made. An offer of performance must be made to the creditor, to any one or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation.
Mont. Code Ann. § 28-1-405 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-405
28-1-405 Condition subsequent defined
Status: in_force

28-1-405 . Condition subsequent defined. A condition subsequent is one referring to a future event upon the happening of which the obligation becomes no longer binding upon the other party if the other party chooses to take advantage of the condition.
Mont. Code Ann. § 28-2-1601 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1601
28-2-1601 Alteration of oral contract by parties
Status: in_force

28-2-1601 . Alteration of oral contract by parties. A contract not in writing may be altered in any respect by consent of the parties in writing without a new consideration and is extinguished thereby to the extent of the new alteration.
Mont. Code Ann. § 28-1-1501 — MT Code / Title 28 / Chapter 1 / Part 15 / Section 28-1-1501
28-1-1501 Novation defined
Status: in_force

28-1-1501 . Novation defined. "Novation" is the substitution of a new obligation for an existing one.
Mont. Code Ann. § 28-10-422 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-422
28-10-422 What included in authority to sell real property
Status: in_force

28-10-422 . What included in authority to sell real property. An authority to sell and convey real property includes authority to give the usual covenants of warranty.
Mont. Code Ann. § 28-11-201 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-201
28-11-201 Obligation of guarantor not to exceed that of principal
Status: in_force

28-11-201 . Obligation of guarantor not to exceed that of principal. The obligation of a guarantor must be neither larger in amount nor in other respects more burdensome than that of the principal, and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.
Mont. Code Ann. § 28-1-404 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-404
28-1-404 Condition concurrent defined
Status: in_force

28-1-404 . Condition concurrent defined. Conditions concurrent are those which are mutually dependent and are to be performed at the same time.
Mont. Code Ann. § 28-2-602 — MT Code / Title 28 / Chapter 2 / Part 6 / Section 28-2-602
28-2-602 Essential characteristics of object
Status: in_force

28-2-602 . Essential characteristics of object. The object of the contract must be lawful when the contract is made and possible and ascertainable by the time the contract is to be performed. Everything is deemed possible except that which is impossible in the nature of things.
Mont. Code Ann. § 28-2-406 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-406
28-2-406 What constitutes constructive fraud
Status: in_force

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

(1) any breach of duty that, without an actually fraudulent intent, gains an advantage to the person in fault or anyone claiming under the person in fault by misleading another person to that person's prejudice or to the prejudice of anyone claiming under that person; or

(2) any act or omission that the law especially declares to be fraudulent, without respect to actual fraud.
Mont. Code Ann. § 28-10-423 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-423
28-10-423 Authority of agent to sell to receive price
Status: in_force

28-10-423 . Authority of agent to sell to receive price. A general agent to sell who is entrusted by the principal with the possession of the thing sold has authority to receive the price. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
Mont. Code Ann. § 28-2-721 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-721
28-2-721 When provision fixing liquidated damages valid
Status: in_force

28-2-721 . When provision fixing liquidated damages valid. (1) Every contract by which the amount of damage to be paid or other compensation to be made for a breach of an obligation is determined in anticipation thereof is to that extent void, except as expressly provided in subsection (2).

(2) The parties to a contract may agree therein upon an amount which shall be presumed to be an amount of damage sustained by a breach thereof when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Mont. Code Ann. § 28-10-802 — MT Code / Title 28 / Chapter 10 / Part 8 / Section 28-10-802
28-10-802 Circumstances that terminate agency not coupled with interest
Status: in_force

28-10-802 . Circumstances that terminate agency not coupled with interest. Unless the power of the agent is coupled with an interest in the subject of the agency, the agency is terminated as to every person having notice of the termination by:

(1) its revocation by the principal;

(2) the principal's death; or

(3) the principal's incapacity to contract.
Mont. Code Ann. § 28-2-304 — MT Code / Title 28 / Chapter 2 / Part 3 / Section 28-2-304
28-2-304 Ratification of contract void for want of consent
Status: in_force

28-2-304 . Ratification of contract void for want of consent. A contract which is voidable solely for want of due consent may be ratified by a subsequent consent.
Mont. Code Ann. § 28-11-416 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-416
28-11-416 When surety may require creditor to pursue remedy
Status: in_force

28-11-416 . When surety may require creditor to pursue remedy. A surety may require the surety's creditor to proceed against the principal or to pursue any other remedy in the surety's power that the surety cannot pursue and that would lighten the surety's burden, and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is prejudiced.
Mont. Code Ann. § 28-2-409 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-409
28-2-409 What constitutes mistake of fact
Status: in_force

28-2-409 . What constitutes mistake of fact. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:

(1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or

(2) belief in the present existence of a thing material to the contract which does not exist or in the past existence of such a thing which has not existed.
Mont. Code Ann. § 28-2-501 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-501
28-2-501 How consent is communicated
Status: in_force

28-2-501 . How consent is communicated. (1) Consent can be communicated with effect only by some act or omission of the party contracting by which the party intends to communicate it or that necessarily tends to the communication.

(2) If a proposal prescribes any conditions concerning the communication of its acceptance, the proposer is not bound unless the conditions are conformed to. However, in other cases, any reasonable and usual mode in conformity with subsection (1) may be adopted.
Mont. Code Ann. § 28-1-1113 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1113
28-1-1113 Creditor's retention of thing that creditor refuses to accept
Status: in_force

28-1-1113 . Creditor's retention of thing that creditor refuses to accept. If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.
Mont. Code Ann. § 28-11-403 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-403
28-11-403 Interpretation of contract of suretyship
Status: in_force

28-11-403 . Interpretation of contract of suretyship. In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts.
Mont. Code Ann. § 28-11-413 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-413
28-11-413 Effect of performance or offer of performance on surety's liability
Status: in_force

28-11-413 . Effect of performance or offer of performance on surety's liability. Performance of the principal obligation or an offer of such performance, duly made as provided in this code, exonerates a surety.
Mont. Code Ann. § 28-2-504 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-504
28-2-504 Acceptance to be absolute
Status: in_force

28-2-504 . Acceptance to be absolute. An acceptance must be absolute and unqualified or must include in itself an acceptance of that character which the proposer can separate from the rest and which will bind the person accepting. A qualified acceptance is a new proposal.
Mont. Code Ann. § 28-10-603 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-603
28-10-603 When instrument binds principal
Status: in_force

28-10-603 . When instrument binds principal. An instrument within the scope of an agent's authority by which an agent intends to bind the agent's principal does bind the principal if that intent is plainly inferable from the instrument itself.
Mont. Code Ann. § 28-11-213 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-213
28-11-213 Guarantor not exonerated by delay of creditor
Status: in_force

28-11-213 . Guarantor not exonerated by delay of creditor. Mere delay on the part of a creditor to proceed against the principal or to enforce any other remedy does not exonerate a guarantor.
Mont. Code Ann. § 28-2-804 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-804
28-2-804 Written instrument presumptive evidence of consideration
Status: in_force

28-2-804 . Written instrument presumptive evidence of consideration. A written instrument is presumptive evidence of a consideration.
Mont. Code Ann. § 28-2-303 — MT Code / Title 28 / Chapter 2 / Part 3 / Section 28-2-303
28-2-303 When consent is mutual
Status: in_force

28-2-303 . When consent is mutual. Consent is not mutual unless the parties all agree upon the same thing in the same sense, but in certain cases defined by chapter 3, they are to be deemed so to agree without regard to the fact.
Mont. Code Ann. § 28-1-402 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-402
28-1-402 Types of conditions
Status: in_force

28-1-402 . Types of conditions. Conditions may be precedent, concurrent, or subsequent.
Mont. Code Ann. § 28-3-301 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-301
28-3-301 Interpretation to give effect to mutual intention
Status: in_force

28-3-301 . Interpretation to give effect to mutual intention. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
Mont. Code Ann. § 28-1-1102 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1102
28-1-1102 Performance by one of several joint debtors
Status: in_force

28-1-1102 . Performance by one of several joint debtors. Performance of an obligation by one of several persons who are jointly liable under it extinguishes the liability of all.
Mont. Code Ann. § 28-1-301 — MT Code / Title 28 / Chapter 1 / Part 3 / Section 28-1-301
28-1-301 Types of obligations involving several persons
Status: in_force

28-1-301 . (Temporary) Types of obligations involving several persons. Except as provided in 27-1-703 , an obligation imposed upon several persons or a right created in favor of several persons may be:

(1) joint;

(2) several; or

(3) joint and several. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
Mont. Code Ann. § 28-10-421 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-421
28-10-421 What included in authority to sell personal property
Status: in_force

28-10-421 . What included in authority to sell personal property. An authority to sell personal property includes authority to warrant the title of the principal and the quantity and quality of the property.
Mont. Code Ann. § 28-2-603 — MT Code / Title 28 / Chapter 2 / Part 6 / Section 28-2-603
28-2-603 When contract wholly void
Status: in_force

28-2-603 . When contract wholly void. Where a contract has but a single object and such object is unlawful, whether in whole or in part, or wholly impossible of performance or so vaguely expressed as to be wholly unascertainable, the entire contract is void.
Mont. Code Ann. § 28-11-414 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-414
28-11-414 Application to surety of rights of guarantor
Status: in_force

28-11-414 . Application to surety of rights of guarantor. A surety has all the right of a guarantor, whether the surety becomes personally responsible or not.
Mont. Code Ann. § 28-3-401 — MT Code / Title 28 / Chapter 3 / Part 4 / Section 28-3-401
28-3-401 Extent to which language governs interpretation
Status: in_force

28-3-401 . Extent to which language governs interpretation. The language of a contract is to govern its interpretation if the language is clear and explicit and does not involve an absurdity.
Mont. Code Ann. § 28-10-406 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-406
28-10-406 Interpretation of authority given partly in general and partly in specific terms
Status: in_force

28-10-406 . Interpretation of authority given partly in general and partly in specific terms. When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.
Mont. Code Ann. § 28-1-1106 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1106
28-1-1106 Application of performance when there are several obligations
Status: in_force

28-1-1106 . Application of performance when there are several obligations. Whenever a debtor under several obligations to another does an act by way of performance, in whole or in part, that is equally applicable to two or more of the obligations, the performance must be applied as follows:

(1) If, at the time of performance, the intention or desire of the debtor that the performance should be applied to the extinction of any particular obligation is manifested to the creditor, it must be so applied.

(2) If no intention or desire is then manifested, the creditor, within a reasonable time after performance, may apply it toward the extinction of any obligation the performance of which was due to the creditor from the debtor at the time of the performance, except that if similar obligations were due to the creditor, both individually and as a trustee, the creditor shall, unless otherwise directed by the debtor, apply the performance to the extinction of all obligations in equal proportion. An application once made by the creditor cannot be rescinded without the consent of the debtor.

(3) If application is not made as prescribed in subsection (1) or (2) within the time prescribed, the performance must be applied to the extinction of obligations in the following order and, if there is more than one obligation of a particular class, to the extinction of all in that class, ratably:

(a) first--interest due at the time of the performance;

(b) second--principal due at that time;

(c) third--the obligation earliest in date of maturity;

(d) fourth--an obligation not secured by a lien or collateral undertaking;

(e) fifth--an obligation secured by a lien or collateral undertaking.
Mont. Code Ann. § 28-2-411 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-411
28-2-411 Mistake of foreign laws -- mistake of fact
Status: in_force

28-2-411 . Mistake of foreign laws -- mistake of fact. Mistake of foreign laws is a mistake of fact.
Mont. Code Ann. § 28-2-2103 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2103
28-2-2103 Payment to contractor and subcontractor
Status: in_force

28-2-2103 . Payment to contractor and subcontractor. (1) (a) Except as provided in 28-2-2115 , each construction contract governed by this section must define, within the contract, a monthly billing cycle for the contractor to submit monthly progress payment requests and final payment requests to the owner. The contractor shall submit payment requests to the owner. Payment requests must be based upon actual or estimated work performed and materials supplied during the preceding monthly billing cycle. This requirement does not preclude an owner from mutually agreeing with the contractor to prepay for materials. The owner is considered to have received a payment request when the payment request is submitted to any person designated by the owner in the contract to receive the payment request.

(b) Except as provided in 28-2-2115 , a contractor's request for payment is considered approved by the owner 21 days after receipt of the request by the owner or the person designated in the contract by the owner to receive the payment request unless, prior to that time, the owner provides the contractor with a written statement containing specific items in the request for payment that are being disapproved by the owner.

(c) The owner may disapprove the request for payment or a portion of the request based upon a claim of:

(i) unsatisfactory job progress;

(ii) failure to remedy defective construction work or materials;

(iii) disputed work or materials;

(iv) failure to comply with material provisions of the construction contract or accompanying documents, including but not limited to payroll certifications, lien releases, warranties, material certifications, and test data;

(v) failure of a contractor to make timely payment for claims, including but not limited to claims for labor, equipment, materials, subcontracts, taxes, fees, professional services, rent, and royalties;

(vi) damage to the owner; or

(vii) the existence of reasonable evidence that the construction contract cannot be completed for the unpaid balance of the contract sum.

(d) An owner may withhold from a payment only an amount that is sufficient to pay the direct expenses that the owner may reasonably expect will be necessary to correct any claim based on the items set out in subsection (1)(c).

(e) A written statement by an owner must be furnished to the contractor specifying a condition that is listed in subsection (1)(c) for which approval of the request for payment or a portion of the request for payment is being withheld. If an owner disapproves only a portion of a request for payment, the remainder of the request for payment must be considered approved.

(f) Except as provided in 28-2-2115 , if an owner approves all or a portion of a contractor's request for payment as provided in subsection (1)(b), the owner shall pay the contractor the approved amount within 7 days after the contractor's request for payment is approved.

(g) Upon written request of a subcontractor who has not been paid for work in accordance with the provisions of subsection (2), an owner shall notify the subcontractor of a progress payment or final payment made to the general contractor.

(h) Payment is not required under this subsection (1) unless the contractor provides the owner with a billing statement or estimate for the work performed or the material supplied in accordance with the terms of the contract.

(2) (a) Within 7 days after a contractor receives a periodic or final payment from an owner or a state agency, the contractor shall pay the subcontractor, if any, the full amount due the subcontractor in accordance with the subcontract for work performed or materials provided in accordance with that subcontract.

(b) Payment is not required under this subsection (2) unless the subcontractor provides the contractor a billing statement or invoice for work performed or materials supplied pursuant to the terms of the subcontract.

(c) Prior to submitting a monthly or final pay application to the owner, the general contractor may disapprove the subcontractor's request for payment or a portion of the request based upon a written claim of any of the conditions listed in subsection (1)(c).

(3) (a) Within 7 days after a subcontractor receives a periodic or final payment from a contractor, the subcontractor shall pay another subcontractor, if any, the full amount due the subcontractor under the subcontract for work performed or materials provided in accordance with that subcontract.

(b) Payment is not required under this subsection (3) unless the subcontractor provides the contractor a billing statement or invoice for work performed or materials supplied pursuant to the terms of the subcontract.
Mont. Code Ann. § 28-10-403 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-403
28-10-403 Ostensible authority defined
Status: in_force

28-10-403 . Ostensible authority defined. Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Mont. Code Ann. § 28-11-215 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-215
28-11-215 Exoneration of guarantor indemnified by principal
Status: in_force

28-11-215 . Exoneration of guarantor indemnified by principal. A guarantor who has been indemnified by the principal is liable to the creditor to the extent of the indemnity notwithstanding that the creditor, without the assent of the guarantor, may have modified the contract or released the principal.
Mont. Code Ann. § 28-10-214 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-214
28-10-214 When ratification void
Status: in_force

28-10-214 . When ratification void. A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.
Mont. Code Ann. § 28-11-420 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-420
28-11-420 Principal's property to be taken first
Status: in_force

28-11-420 . Principal's property to be taken first. Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.
Mont. Code Ann. § 28-11-404 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-404
28-11-404 Suretyship unaffected by judgment against surety
Status: in_force

28-11-404 . Suretyship unaffected by judgment against surety. Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.
Mont. Code Ann. § 28-11-107 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-107
28-11-107 When guaranty considered unconditional
Status: in_force

28-11-107 . When guaranty considered unconditional. A guaranty is to be deemed unconditional unless its terms import some condition precedent to the liability of the guarantor.
Mont. Code Ann. § 28-11-202 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-202
28-11-202 Liability under guaranty of incomplete contract
Status: in_force

28-11-202 . Liability under guaranty of incomplete contract. In a guaranty of a contract the terms of which are not then settled, it is implied that the guaranty's terms will not expose the guarantor to greater risks than the guarantor would incur under those terms that are most common in similar contracts at the place where the principal contract is to be performed.
Mont. Code Ann. § 28-1-1401 — MT Code / Title 28 / Chapter 1 / Part 14 / Section 28-1-1401
28-1-1401 Accord -- definition and effect
Status: in_force

28-1-1401 . Accord -- definition and effect. An accord is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is entitled. Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed.
Mont. Code Ann. § 28-11-106 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-106
28-11-106 When notice of acceptance necessary to bind guarantor
Status: in_force

28-11-106 . When notice of acceptance necessary to bind guarantor. A mere offer of guaranty is not binding until notice of its acceptance is communicated by the guarantee to the guarantor, but an absolute guaranty is binding upon the guarantor without notice of acceptance.
Mont. Code Ann. § 28-3-202 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-202
28-3-202 Effect to be given to every part of contract
Status: in_force

28-3-202 . Effect to be given to every part of contract. The whole of a contract is to be taken together so as to give effect to every part if reasonably practicable, each clause helping to interpret the other.
Mont. Code Ann. § 28-3-205 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-205
28-3-205 Written or original terms to control printed terms
Status: in_force

28-3-205 . Written or original terms to control printed terms. Where a contract is partly written and partly printed or where part of it is written or printed under the special directions of the parties and with a special view to their intention and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts and the parts which are purely original control those which are copied from a form and, if the two are absolutely repugnant, the latter must be so far disregarded.
Mont. Code Ann. § 28-2-901 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-901
28-2-901 When contracts may be oral
Status: in_force

28-2-901 . When contracts may be oral. All contracts may be oral except such as are specially required by statute to be in writing.
Mont. Code Ann. § 28-1-504 — MT Code / Title 28 / Chapter 1 / Part 5 / Section 28-1-504
28-1-504 When obligation to be interpreted as though a particular alternative did not exist
Status: in_force

28-1-504 . When obligation to be interpreted as though a particular alternative did not exist. If one of the alternative acts required by an obligation is such as the law will not enforce or becomes unlawful or impossible of performance, the obligation is to be interpreted as though the other or others stood alone.
Mont. Code Ann. § 28-2-302 — MT Code / Title 28 / Chapter 2 / Part 3 / Section 28-2-302
28-2-302 Effect of consent which is not free
Status: in_force

28-2-302 . Effect of consent which is not free. A consent which is not free is nevertheless not absolutely void but may be rescinded by the parties in the manner prescribed by part 17 of this chapter.
Mont. Code Ann. § 28-3-702 — MT Code / Title 28 / Chapter 3 / Part 7 / Section 28-3-702
28-3-702 Necessary and incidental terms
Status: in_force

28-3-702 . Necessary and incidental terms. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom unless some of them are expressly mentioned therein, in which case all other things of the same class are considered to be excluded.
Mont. Code Ann. § 28-1-1101 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1101
28-1-1101 Extinction of obligation by full performance
Status: in_force

28-1-1101 . Extinction of obligation by full performance. Full performance of an obligation by the party whose duty it is to perform it or by any other person on that party's behalf and with that party's assent, if accepted by the creditor, extinguishes it.
Mont. Code Ann. § 28-10-103 — MT Code / Title 28 / Chapter 10 / Part 1 / Section 28-10-103
28-10-103 Actual versus ostensible agency -- limitation
Status: in_force

28-10-103 . Actual versus ostensible agency -- limitation. (1) An agency is either actual or ostensible. An agency is actual when the agent is really employed by the principal. An agency is ostensible when the principal intentionally or by want of ordinary care causes a third person to believe another to be the principal's agent when that person is not really employed by the principal.

(2) Except as provided in subsection (3), for purposes of a malpractice claim, as defined in 27-6-103 , liability may not be imposed on a health care provider, as defined in 27-6-103 , for an act or omission by a person or entity alleged to have been an ostensible agent of the health care provider at the time that the act or omission occurred.

(3) (a) Subsection (2) is not applicable unless the health care provider has instituted a policy or practice requiring persons providing independent professional services to have insurance of a type and in the amount required by the rules and regulations of the medical staff, by the medical staff bylaws, or by other similar health care facility rules or regulations. The insurance provided for in this subsection must be in effect for the period of time during which a medical malpractice action must be brought as provided in 27-2-205 .

(b) Failure of a health care provider providing independent professional services to comply with a policy or practice implementing subsection (3)(a) constitutes unprofessional conduct pursuant to 37-1-316 (1)(s) and 37-2-304 .
Mont. Code Ann. § 28-1-1222 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1222
28-1-1222 Production of thing to be delivered
Status: in_force

28-1-1222 . Production of thing to be delivered. The thing to be delivered, if any, need not in any case be actually produced upon an offer of performance unless the offer is accepted.
Mont. Code Ann. § 28-10-201 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-201
28-10-201 How agency may be created
Status: in_force

28-10-201 . How agency may be created. An agency may be created and an authority may be conferred by a precedent authorization or a subsequent ratification.
Mont. Code Ann. § 28-11-411 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-411
28-11-411 Extent of surety's liability
Status: in_force

28-11-411 . Extent of surety's liability. A surety cannot be held beyond the express terms of the surety's contract, and if the contract prescribes a penalty for breach, the surety cannot in any case be liable for more than the penalty.
Mont. Code Ann. § 28-10-104 — MT Code / Title 28 / Chapter 10 / Part 1 / Section 28-10-104
28-10-104 Who may appoint an agent, who may be an agent
Status: in_force

28-10-104 . Who may appoint an agent, who may be an agent. Any person having capacity to contract, except a minor, may appoint an agent, and any person may be an agent.
Mont. Code Ann. § 28-2-104 — MT Code / Title 28 / Chapter 2 / Part 1 / Section 28-2-104
28-2-104 Executed versus executory contracts
Status: in_force

28-2-104 . Executed versus executory contracts. An executed contract is one the object of which is fully performed. All others are executory.
Mont. Code Ann. § 28-10-604 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-604
28-10-604 When notice to principal or agent is notice to the other
Status: in_force

28-10-604 . When notice to principal or agent is notice to the other. As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought, in good faith and the exercise of ordinary care and diligence, to communicate to the other.
Mont. Code Ann. § 28-2-813 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-813
28-2-813 Determination by interested party
Status: in_force

28-2-813 . Determination by interested party. When a contract does not determine the amount of the consideration or the method by which it is to be ascertained or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably worth.
Mont. Code Ann. § 28-11-402 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-402
28-11-402 When apparent principal may show surety
Status: in_force

28-11-402 . When apparent principal may show surety. A person who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that the person is in fact a surety except as against persons who have acted on the faith of the person's apparent character of principal.
Mont. Code Ann. § 28-10-302 — MT Code / Title 28 / Chapter 10 / Part 3 / Section 28-10-302
28-10-302 Duty to keep principal informed
Status: in_force

28-10-302 . Duty to keep principal informed. An agent shall use ordinary diligence to keep the agent's principal informed of the agent's acts in the course of the agency.
Mont. Code Ann. § 28-2-705 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-705
28-2-705 Exception -- dissolution of partnership
Status: in_force

28-2-705 . Exception -- dissolution of partnership. Partners may, upon dissolution of the partnership, agree that one or more of them may not carry on a similar business within the areas provided in 28-2-704 (2).
Mont. Code Ann. § 28-3-206 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-206
28-3-206 Uncertainty to be resolved against party causing it
Status: in_force

28-3-206 . Uncertainty to be resolved against party causing it. In cases of uncertainty not removed by parts 1 through 5 of this chapter, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be that party.
Mont. Code Ann. § 28-2-1701 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1701
28-2-1701 How contract extinguished
Status: in_force

28-2-1701 . How contract extinguished. (1) A contract may be extinguished in the same manner as any other obligation and also in the manner prescribed by part 16 and this part.

(2) A contract is extinguished by its rescission.
Mont. Code Ann. § 28-2-202 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-202
28-2-202 Contracts of persons entirely without understanding
Status: in_force

28-2-202 . Contracts of persons entirely without understanding. A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of the person or the person's family.
Mont. Code Ann. § 28-10-105 — MT Code / Title 28 / Chapter 10 / Part 1 / Section 28-10-105
28-10-105 What acts agent may perform
Status: in_force

28-10-105 . What acts agent may perform. (1) An agent may be authorized to do any acts that the principal might do, except those to which the principal is bound to give personal attention.

(2) Every act that, according to this code, may be done by or to any person may be done by or to the agent of the person for that purpose unless a contrary intention clearly appears.
Mont. Code Ann. § 28-10-704 — MT Code / Title 28 / Chapter 10 / Part 7 / Section 28-10-704
28-10-704 Applicability of laws relating to capacity to contract
Status: in_force

28-10-704 . Applicability of laws relating to capacity to contract. The provisions of this part are subject to the provisions of chapter 2, part 2; 28-10-104 ; and Title 41, chapter 1.
Mont. Code Ann. § 28-2-410 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-410
28-2-410 What constitutes mistake of law
Status: in_force

28-2-410 . What constitutes mistake of law. Mistake of law constitutes a mistake, within the meaning of this part, only when it arises from:

(1) a misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or

(2) a misapprehension of the law by one party of which the others are aware at the time of contracting but which they do not rectify.
Mont. Code Ann. § 28-2-805 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-805
28-2-805 Burden of proof of want of consideration
Status: in_force

28-2-805 . Burden of proof of want of consideration. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
Mont. Code Ann. § 28-1-1201 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1201
28-1-1201 When obligation extinguished by offer of performance
Status: in_force

28-1-1201 . When obligation extinguished by offer of performance. An obligation is extinguished by an offer of performance made in conformity to the rules prescribed in this part and with intent to extinguish the obligation.
Mont. Code Ann. § 28-1-407 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-407
28-1-407 When prior performance of conditions excused
Status: in_force

28-1-407 . When prior performance of conditions excused. If a party to an obligation gives notice to another, before the latter is in default, that the party will not perform the obligation and does not retract the notice before the time at which performance upon that party's part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the party giving notice.
Mont. Code Ann. § 28-1-104 — MT Code / Title 28 / Chapter 1 / Part 1 / Section 28-1-104
28-1-104 Relief from forfeiture
Status: in_force

28-1-104 . Relief from forfeiture. Whenever by the terms of an obligation a party to the obligation incurs a forfeiture or a loss in the nature of a forfeiture by reason of the party's failure to comply with its provisions, the party may be relieved from the obligation upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
Mont. Code Ann. § 28-11-303 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-303
28-11-303 Indemnity for past wrongful act valid
Status: in_force

28-11-303 . Indemnity for past wrongful act valid. An agreement to indemnify a person against an act already done is valid, even though the act was known to be wrongful, unless it was a felony.
Mont. Code Ann. § 28-2-408 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-408
28-2-408 Kinds of mistake
Status: in_force

28-2-408 . Kinds of mistake. Mistake may be either of fact or law.
Mont. Code Ann. § 28-3-701 — MT Code / Title 28 / Chapter 3 / Part 7 / Section 28-3-701
28-3-701 Stipulations necessary for reasonableness or conformity to usage
Status: in_force

28-3-701 . Stipulations necessary for reasonableness or conformity to usage. Stipulations which are necessary to make a contract reasonable or conformable to usage are implied in respect to matters concerning which the contract manifests no contrary intention.
Mont. Code Ann. § 28-3-204 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-204
28-3-204 How repugnancies reconciled
Status: in_force

28-3-204 . How repugnancies reconciled. Repugnancies in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.
Mont. Code Ann. § 28-2-708 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-708
28-2-708 Restraints upon legal proceedings void
Status: in_force

28-2-708 . Restraints upon legal proceedings void. Every stipulation or condition in a contract by which any party to the contract is restricted from enforcing the party's rights under the contract by the usual proceedings in the ordinary tribunals or that limits the time within which the party may enforce the party's rights is void. This section does not affect the validity of an agreement enforceable under Title 27, chapter 5.
Mont. Code Ann. § 28-1-1209 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1209
28-1-1209 Offer to be made in good faith
Status: in_force

28-1-1209 . Offer to be made in good faith. An offer of performance must be made in good faith and in such manner as is most likely, under the circumstances, to benefit the creditor.
Mont. Code Ann. § 28-10-213 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-213
28-10-213 Ratification not to prejudice third persons
Status: in_force

28-10-213 . Ratification not to prejudice third persons. No unauthorized act can be made valid retroactively to the prejudice of third persons without their consent.
Mont. Code Ann. § 28-10-401 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-401
28-10-401 What authority agent has
Status: in_force

28-10-401 . What authority agent has. An agent has the authority that the principal actually or ostensibly confers upon the agent.
Mont. Code Ann. § 28-1-503 — MT Code / Title 28 / Chapter 1 / Part 5 / Section 28-1-503
28-1-503 One alternative to be selected in its entirety
Status: in_force

28-1-503 . One alternative to be selected in its entirety. The party having the right of selection between alternative acts must select one of them in its entirety and cannot select part of one and part of another without the consent of the other party.
Mont. Code Ann. § 28-11-412 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-412
28-11-412 Exoneration of surety
Status: in_force

28-11-412 . Exoneration of surety. A surety is exonerated:

(1) in like manner with a guarantor;

(2) to the extent to which the surety is prejudiced by any act of the creditor that would naturally prove injurious to the remedies of the surety or inconsistent with the surety's rights or that lessens the surety's security; or

(3) to the extent to which the surety is prejudiced by an omission of the creditor, when required by the surety, to do anything that it is the creditor's duty to do.
Mont. Code Ann. § 28-3-703 — MT Code / Title 28 / Chapter 3 / Part 7 / Section 28-3-703
28-3-703 When promise presumed to be joint and several
Status: in_force

28-3-703 . When promise presumed to be joint and several. (1) Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.

(2) A promise made in the singular number but executed by several persons is presumed to be joint and several.
Mont. Code Ann. § 28-11-212 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-212
28-11-212 Rescission of alteration -- liability not restored
Status: in_force

28-11-212 . Rescission of alteration -- liability not restored. The rescission of an agreement altering the original obligation of a debtor or impairing the remedy of a creditor does not restore the liability of a guarantor who has been exonerated by such agreement.
Mont. Code Ann. § 28-2-601 — MT Code / Title 28 / Chapter 2 / Part 6 / Section 28-2-601
28-2-601 Object of contract defined
Status: in_force

28-2-601 . Object of contract defined. The object of a contract is the thing which it is agreed on the part of the party receiving the consideration to do or not to do.
Mont. Code Ann. § 28-11-401 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-401
28-11-401 Surety defined
Status: in_force

28-11-401 . Surety defined. A surety is one who, at the request of another person and for the purpose of securing to the other person a benefit, becomes responsible for the performance by the other person of some act in favor of a third person or pledges property as security for the performance.
Mont. Code Ann. § 28-1-1104 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1104
28-1-1104 Extinction when directions of creditor followed
Status: in_force

28-1-1104 . Extinction when directions of creditor followed. If a creditor or any one of two or more joint creditors at any time directs the debtor to perform the debtor's obligations in a particular manner, the obligation is extinguished by performance in that manner even though the creditor does not receive the benefit of the performance.
Mont. Code Ann. § 28-2-2202 — MT Code / Title 28 / Chapter 2 / Part 22 / Section 28-2-2202
28-2-2202 Disclosure and warranty requirements for sales of newly constructed residences
Status: in_force

28-2-2202 . Disclosure and warranty requirements for sales of newly constructed residences. (1) This section applies only to the sale of a newly constructed residence that has not been previously occupied and where the seller is the builder or a developer who has built or had the residence built for the purpose of resale.

(2) A builder or developer that is subject to the provisions of this section is required to provide to a buyer, prior to the sale of a new residence, the following:

(a) a statement of all inspections and tests that the general contractor performed or had performed prior to, during, or upon completion of construction of the residence that is the subject of the potential sale; and

(b) an express warranty that is valid for a period of at least 1 year from the date of the sale of the residence. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provisions to become applicable.
Mont. Code Ann. § 28-1-1602 — MT Code / Title 28 / Chapter 1 / Part 16 / Section 28-1-1602
28-1-1602 What claims survive general release
Status: in_force

28-1-1602 . What claims survive general release. A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.
Mont. Code Ann. § 28-2-1602 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1602
28-2-1602 How written contract may be altered by parties
Status: in_force

28-2-1602 . How written contract may be altered by parties. A contract in writing may be altered by a contract in writing or by an executed oral agreement, and not otherwise.
Mont. Code Ann. § 28-10-212 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-212
28-10-212 Ratification of part of indivisible transaction
Status: in_force

28-10-212 . Ratification of part of indivisible transaction. Ratification of part of an indivisible transaction is a ratification of the whole.
Mont. Code Ann. § 28-10-601 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-601
28-10-601 Accrual of rights and liabilities to principal
Status: in_force

28-10-601 . Accrual of rights and liabilities to principal. An agent represents the agent's principal for all purposes within the scope of the agent's actual or ostensible authority, and all the rights and liabilities that would accrue to the agent from transactions within that limit, if the transactions had been entered into on the agent's own account, accrue to the principal.
Mont. Code Ann. § 28-1-1206 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1206
28-1-1206 Where offer may be made
Status: in_force

28-1-1206 . Where offer may be made. In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:

(1) at any place appointed by the creditor;

(2) wherever the person to whom the offer ought to be made can be found;

(3) if the person cannot, with reasonable diligence, be found within the state and within a reasonable distance from the person's residence or place of business or if the person evades the debtor, then at the person's residence or place of business if the residence or business can, with reasonable diligence, be found within the state; or

(4) if this cannot be done, then at any place within this state.
Mont. Code Ann. § 28-2-1712 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1712
28-2-1712 When stipulation against rescission ineffective
Status: in_force

28-2-1712 . When stipulation against rescission ineffective. A stipulation that errors of description shall not avoid a contract or shall be the subject of compensation, or both, does not take away the right of rescission for fraud or for mistake where such mistake is in a matter essential to the inducement of the contract and is not capable of exact and entire compensation.
Mont. Code Ann. § 28-2-802 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-802
28-2-802 Extent to which existing legal or moral obligation is good consideration
Status: in_force

28-2-802 . Extent to which existing legal or moral obligation is good consideration. An existing legal obligation resting upon the promisor, a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee is also a good consideration for a promise to an extent corresponding with the extent of the obligation, but no further or otherwise.
Mont. Code Ann. § 28-11-313 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-313
28-11-313 Interpretation of contract of indemnity
Status: in_force

28-11-313 . Interpretation of contract of indemnity. In the interpretation of a contract of indemnity, the rules prescribed in 28-11-314 through 28-11-317 are to be applied unless a contrary intention appears.
Mont. Code Ann. § 28-3-402 — MT Code / Title 28 / Chapter 3 / Part 4 / Section 28-3-402
28-3-402 Reference to circumstances permissible
Status: in_force

28-3-402 . Reference to circumstances permissible. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.
Mont. Code Ann. § 28-1-1212 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1212
28-1-1212 Objections to mode of offer -- waiver
Status: in_force

28-1-1212 . Objections to mode of offer -- waiver. All objections to the mode of an offer of performance that the creditor has an opportunity to state at the time to the person making the offer and that could then be made unnecessary by the person are waived by the creditor if not then stated. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property offered, the creditor shall specify the amount, terms, or kind that the creditor requires.
Mont. Code Ann. § 28-1-101 — MT Code / Title 28 / Chapter 1 / Part 1 / Section 28-1-101
28-1-101 Definitions
Status: in_force

28-1-101 . Definitions. (1) An obligation is a legal duty by which a person is bound to do or not to do a certain thing.

(2) Performance of an obligation for the delivery of money only is called payment.
Mont. Code Ann. § 28-2-401 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-401
28-2-401 When apparent consent not free
Status: in_force

28-2-401 . When apparent consent not free. (1) An apparent consent is not real or free when obtained through:

(a) duress;

(b) menace;

(c) fraud;

(d) undue influence; or

(e) mistake.

(2) Consent is deemed to have been obtained through one of the causes mentioned in subsection (1) only when it would not have been given had such cause not existed.
Mont. Code Ann. § 28-10-409 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-409
28-10-409 No authority to defraud principal
Status: in_force

28-10-409 . No authority to defraud principal. An agent can never have authority, either actual or ostensible, to do an act that is and is known or suspected by the person with whom the agent deals to be a fraud upon the principal.
Mont. Code Ann. § 28-2-206 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-206
28-2-206 Assignment of nonnegotiable written contract
Status: in_force

28-2-206 . Assignment of nonnegotiable written contract. A nonnegotiable written contract for the payment of money or the delivery of personal property may be transferred by endorsement the same as a negotiable instrument. The endorsement transfers all the rights of the assignor under the contract to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the endorsement or arising before notice of the assignment is received by the maker.
Mont. Code Ann. § 28-2-811 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-811
28-2-811 Applicability of rules concerning object to executory consideration
Status: in_force

28-2-811 . Applicability of rules concerning object to executory consideration. A consideration may be executed or executory, in whole or in part. Insofar as it is executory, it is subject to the provisions of part 6 of this chapter.
Mont. Code Ann. § 28-10-408 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-408
28-10-408 When agent may disobey instructions
Status: in_force

28-10-408 . When agent may disobey instructions. An agent has power to disobey instructions in dealing with the subject of the agency in cases in which it is clearly for the interest of the agent's principal that the agent should do so and there is insufficient time to communicate with the principal.
Mont. Code Ann. § 28-11-105 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-105
28-11-105 When guaranty considered original obligation and need not be in writing
Status: in_force

28-11-105 . When guaranty considered original obligation and need not be in writing. A promise to answer for the obligation of another in any of the following cases is considered an original obligation of the promisor and need not be in writing:

(1) when the promise is made by one who has received property of another upon an undertaking to apply the property pursuant to the promise or by one who has received a discharge from an obligation, in whole or in part, in consideration of the promise;

(2) when the creditor parts with value or enters into an obligation in consideration of the obligation in respect to which the promise is made, in terms or under circumstances that render the party making the promise the principal debtor and the person in whose behalf the promise is made the party's surety;

(3) when the promise, being for an antecedent obligation of another, is made upon a consideration:

(a) that the party receiving the promise cancels the antecedent obligation, accepting the new promise as a substitute for the antecedent obligation;

(b) that the party receiving the promise releases the property of another from a levy; or

(c) beneficial to the promisor, whether moving from either party to the antecedent obligation or from another person;

(4) when a factor undertakes to sell merchandise for a commission and guarantee the sale;

(5) when the holder of an instrument for the payment of money upon which a third person is or may become liable to the holder transfers the instrument in payment of a precedent debt of the holder's own or for a new consideration and in connection with the transfer enters into a promise respecting the instrument.
Mont. Code Ann. § 28-10-101 — MT Code / Title 28 / Chapter 10 / Part 1 / Section 28-10-101
28-10-101 Definitions of agent and agency
Status: in_force

28-10-101 . Definitions of agent and agency. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
Mont. Code Ann. § 28-2-2102 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2102
28-2-2102 Performance entitles contractor or subcontractor to payment
Status: in_force

28-2-2102 . Performance entitles contractor or subcontractor to payment. (1) Performance by a contractor of a construction contract in accordance with the provisions of the contract entitles a contractor to payment from the owner.

(2) Performance by a subcontractor of a subcontract entitles the subcontractor to payment from the contractor.
Mont. Code Ann. § 28-1-302 — MT Code / Title 28 / Chapter 1 / Part 3 / Section 28-1-302
28-1-302 Joint obligations and covenants to be taken as joint and several
Status: in_force

28-1-302 . Joint obligations and covenants to be taken as joint and several. Except as provided in 27-1-703 , after March 1, 1895, all joint obligations and covenants shall be taken and held to be joint and several obligations and covenants.
Mont. Code Ann. § 28-2-502 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-502
28-2-502 When consent is considered fully communicated
Status: in_force

28-2-502 . When consent is considered fully communicated. Consent is considered to be fully communicated between the parties as soon as the party accepting a proposal has put that party's acceptance in the course of transmission to the proposer in conformity with 28-2-501 .
Mont. Code Ann. § 28-2-1613 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1613
28-2-1613 Scope of court's inquiry
Status: in_force

28-2-1613 . Scope of court's inquiry. In revising a written instrument, the court may inquire what the instrument was intended to mean and what were intended to be its legal consequences and is not confined to the inquiry what the language of the instrument was intended to be.
Mont. Code Ann. § 28-3-503 — MT Code / Title 28 / Chapter 3 / Part 5 / Section 28-3-503
28-3-503 Inconsistent words to be rejected
Status: in_force

28-3-503 . Inconsistent words to be rejected. Words in a contract which are wholly inconsistent with its nature or with the main intention of the parties are to be rejected.
Mont. Code Ann. § 28-3-403 — MT Code / Title 28 / Chapter 3 / Part 4 / Section 28-3-403
28-3-403 Superseded
Status: in_force

28-3-403 . Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979.
Mont. Code Ann. § 28-10-609 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-609
28-10-609 Principal's liability when agent given exclusive credit
Status: in_force

28-10-609 . Principal's liability when agent given exclusive credit. If exclusive credit is given to an agent by the person dealing with the agent, the agent's principal is exonerated by payment or other satisfaction made by the principal to the agent in good faith before receiving notice of the creditor's election to hold the principal responsible.
Mont. Code Ann. § 28-2-903 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-903
28-2-903 What contracts must be in writing
Status: in_force

28-2-903 . What contracts must be in writing. (1) The following agreements are invalid unless the agreement or some note or memorandum of the agreement is in writing and subscribed by the party to be charged or the party's agent:

(a) an agreement that by its terms is not to be performed within a year from the making of the agreement;

(b) a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in 28-11-105 ;

(c) an agreement made upon consideration of marriage other than a mutual promise to marry;

(d) an agreement for the leasing for a longer period than 1 year or for the sale of real property or of an interest in real property. The agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing and subscribed by the party sought to be charged.

(e) an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; or

(f) an agreement relating to a college athlete's student-athlete rights, as defined in 20-1-232 , including but not limited to a student's name, image, and likeness.

(2) Evidence of an agreement described in subsections (1)(a) through (1)(f) is not admissible without the writing or secondary evidence of the writing's contents.

(3) Evidence is not admissible to charge a person upon a representation as to the credit of a third person unless the representation or some memorandum of the representation is in writing and either subscribed by or in the handwriting of the party to be charged.

(4) Subsections (1) and (2) do not apply to agreements subject to the Uniform Commercial Code.
Mont. Code Ann. § 28-2-405 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-405
28-2-405 What constitutes actual fraud
Status: in_force

28-2-405 . What constitutes actual fraud. Actual fraud, within the meaning of this part, consists in any of the following acts committed by a party to the contract or with the party's connivance with intent to deceive another party to the contract or to induce the other party to enter into the contract:

(1) the suggestion as a fact of that which is not true by one who does not believe it to be true;

(2) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though the person believes it to be true;

(3) the suppression of that which is true by one having knowledge or belief of the fact;

(4) a promise made without any intention of performing it; or

(5) any other act fitted to deceive.
Mont. Code Ann. § 28-2-403 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-403
28-2-403 What constitutes menace
Status: in_force

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

(1) such duress as is specified in subsections (1) and (3) of 28-2-402 ;

(2) unlawful and violent injury to the person or property of any such person in circumstances described in 28-2-402 ; or

(3) injury to the character of any such person.
Mont. Code Ann. § 28-10-102 — MT Code / Title 28 / Chapter 10 / Part 1 / Section 28-10-102
28-10-102 General versus special agents
Status: in_force

28-10-102 . General versus special agents. An agent for a particular act or transaction is called a special agent. All others are general agents.
Mont. Code Ann. § 28-1-1504 — MT Code / Title 28 / Chapter 1 / Part 15 / Section 28-1-1504
28-1-1504 When acceptance of novation may be rescinded
Status: in_force

28-1-1504 . When acceptance of novation may be rescinded. When the obligation of a third person or an order upon the third person is accepted in satisfaction, the creditor may rescind the acceptance if:

(1) the debtor prevents the third person from complying with the order or from fulfilling the obligation;

(2) at the time the obligation or order is received, the third person is insolvent and the fact is unknown to the creditor; or

(3) before the creditor can, with reasonable diligence, present the order to the third person upon whom it is given, the third person becomes insolvent.
Mont. Code Ann. § 28-11-104 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-104
28-11-104 Guaranty generally to be in writing -- form
Status: in_force

28-11-104 . Guaranty generally to be in writing -- form. Except as prescribed by 28-11-105 , a guaranty must be in writing and signed by the guarantor, but the writing need not express a consideration.
Mont. Code Ann. § 28-1-1301 — MT Code / Title 28 / Chapter 1 / Part 13 / Section 28-1-1301
28-1-1301 When delay or failure to perform or offer to perform excused
Status: in_force

28-1-1301 . When delay or failure to perform or offer to perform excused. The want of performance of an obligation or of an offer of performance, in whole or in part, or any delay therein is excused by the following causes, to the extent to which they operate:

(1) when such performance or offer is prevented or delayed by the act of the creditor or by the operation of law, even though there may have been a stipulation that this shall not be an excuse;

(2) when it is prevented or delayed by an irresistible, superhuman cause or by the act of public enemies of this state or of the United States, unless the parties have expressly agreed to the contrary; or

(3) when the debtor is induced not to make it by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and not rescinded before that time.
Mont. Code Ann. § 28-2-1713 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1713
28-2-1713 How rescission accomplished
Status: in_force

28-2-1713 . How rescission accomplished. Rescission, when not effected by consent, can be accomplished only by the use on the part of the party rescinding of reasonable diligence to comply with the following rules:

(1) The rescinding party shall rescind promptly upon discovering the facts that entitle the party to rescind if the party is free from duress, menace, undue influence, or disability and is aware of the right to rescind.

(2) The rescinding party shall restore to the other party everything of value that the rescinding party has received from the other party under the contract or shall offer to restore everything of value, upon condition that the other party shall do likewise, unless the other party is unable or positively refuses to do so.
Mont. Code Ann. § 28-2-904 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-904
28-2-904 Effect of written contract on oral agreements
Status: in_force

28-2-904 . Effect of written contract on oral agreements. The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
Mont. Code Ann. § 28-2-102 — MT Code / Title 28 / Chapter 2 / Part 1 / Section 28-2-102
28-2-102 Essential elements of a contract
Status: in_force

28-2-102 . Essential elements of a contract. It is essential to the existence of a contract that there be:

(1) identifiable parties capable of contracting;

(2) their consent;

(3) a lawful object; and

(4) a sufficient cause or consideration.
Mont. Code Ann. § 28-2-2115 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2115
28-2-2115 Alternative billing cycle
Status: in_force

28-2-2115 . Alternative billing cycle. (1) A construction contract may provide for a billing cycle other than a monthly billing cycle if the construction contract specifically sets forth another billing cycle and either of the following applies:

(a) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:

Notice of Alternate Billing Cycle

This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. Payment requests for this contract must be submitted as follows: __________________________________________________ ___________________________________________________ ___________________________________________________; or

(b) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:

Notice of Alternate Billing Cycle

This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. A written description of the other billing cycle applicable to the project is available from the owner or the owner's designated agent at (telephone number or address, or both), and the owner or the owner's designated agent must provide this written description on request.

(2) An owner may change the number of days to approve a contractor's payment request to later than 21 days after the date the payment request is submitted if:

(a) the construction contract in a clear and conspicuous manner specifically provides for a later approval date defined by a specified number of days after the payment request is submitted; and

(b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:

Notice of Approval of Payment Request Provision

This contract allows the owner to approve the contractor's payment request within ___ days after it is received by the owner.

(3) An owner may make payments later than 7 days after the date that the contractor's request for payment is approved if:

(a) the construction contract in a clear and conspicuous manner specifically provides for a later payment defined by a specified number of days after approval; and

(b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:

Notice of Extended Payment Provision This contract allows the owner to make payment within ___ days after approval of the payments.
Mont. Code Ann. § 28-2-1614 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1614
28-2-1614 Specific enforcement of revised contract
Status: in_force

28-2-1614 . Specific enforcement of revised contract. A contract may be first revised and then specifically enforced.
Mont. Code Ann. § 28-1-1223 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1223
28-1-1223 Thing offered to be kept separate
Status: in_force

28-1-1223 . Thing offered to be kept separate. A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
Mont. Code Ann. § 28-10-701 — MT Code / Title 28 / Chapter 10 / Part 7 / Section 28-10-701
28-10-701 Warranty of authority
Status: in_force

28-10-701 . Warranty of authority. A person who assumes to act as an agent warrants to all who deal with the person in that capacity that the person has the authority that the person assumes.
Mont. Code Ann. § 28-11-415 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-415
28-11-415 Power of surety to compel principal to perform
Status: in_force

28-11-415 . Power of surety to compel principal to perform. A surety may compel the surety's principal to perform the obligations when due.
Mont. Code Ann. § 28-2-723 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-723
28-2-723 Construction contracts requiring lien or bond waiver void
Status: in_force

28-2-723 . Construction contracts requiring lien or bond waiver void. A construction contract may not contain provisions requiring a contractor, subcontractor, or material supplier to waive the right to a construction lien or a right to a claim against a payment bond before the contractor, subcontractor, or material supplier has been paid for the labor, materials, or both labor and materials, furnished by the contractor, subcontractor, or material supplier.
Mont. Code Ann. § 28-2-404 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-404
28-2-404 Kinds of fraud
Status: in_force

28-2-404 . Kinds of fraud. Fraud is either actual or constructive. Actual fraud is always a question of fact.
Mont. Code Ann. § 28-1-303 — MT Code / Title 28 / Chapter 1 / Part 3 / Section 28-1-303
28-1-303 Right to contribution from joint debtors
Status: in_force

28-1-303 . Right to contribution from joint debtors. Except as provided in 27-1-703 , a party to a joint or joint and several obligation who satisfies more than that party's share of the claim against all may require a proportionate contribution from all the parties joined with that party.
Mont. Code Ann. § 28-2-709 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-709
28-2-709 Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default
Status: in_force

28-2-709 . Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default. (1) A contract in writing by which any promise to pay money is created may not contain any provision either empowering any person to enter judgment by confession against any party to the contract or empowering any person as the agent of any party to the contract to either confess judgment, accept service of process, or consent on behalf of the party to the entry of the party's default in any proceeding in court upon the contract. The described provision in a contract is illegal and void and is unenforceable in the courts of this state against any party to the contract.

(2) The term "contract", as used in this section, includes all writings executed contemporaneously with and constituting a part of the same transaction, whether the writings are negotiable or nonnegotiable in form.
Mont. Code Ann. § 28-10-211 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-211
28-10-211 How agent's act ratified
Status: in_force

28-10-211 . How agent's act ratified. A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified or, whenever an oral authorization would suffice, by knowingly accepting or retaining the benefit of the act.
Mont. Code Ann. § 28-1-1304 — MT Code / Title 28 / Chapter 1 / Part 13 / Section 28-1-1304
28-1-1304 Effect of refusal to accept performance before offer
Status: in_force

28-1-1304 . Effect of refusal to accept performance before offer. A refusal by a creditor to accept performance, made before an offer of performance, is equivalent to an offer and refusal unless, before performance is actually due, the creditor gives notice to the debtor of the creditor's willingness to accept performance.
Mont. Code Ann. § 28-3-302 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-302
28-3-302 How intention ascertained
Status: in_force

28-3-302 . How intention ascertained. For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied.
Mont. Code Ann. § 28-3-201 — MT Code / Title 28 / Chapter 3 / Part 2 / Section 28-3-201
28-3-201 Interpretation giving effect to contract favored
Status: in_force

28-3-201 . Interpretation giving effect to contract favored. A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect if it can be done without violating the intention of the parties.
Mont. Code Ann. § 28-1-1103 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1103
28-1-1103 Performance to one of several joint creditors
Status: in_force

28-1-1103 . Performance to one of several joint creditors. An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common or in joint ownership, which is regulated by Title 70, chapter 6.
Mont. Code Ann. § 28-1-103 — MT Code / Title 28 / Chapter 1 / Part 1 / Section 28-1-103
28-1-103 What rules govern interpretation of contracts and other obligations
Status: in_force

28-1-103 . What rules govern interpretation of contracts and other obligations. The rules which govern the interpretation of contracts are prescribed by this title and Title 1. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.
Mont. Code Ann. § 28-10-402 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-402
28-10-402 Actual authority defined
Status: in_force

28-10-402 . Actual authority defined. Actual authority is authority that the principal intentionally confers upon the agent or intentionally or by want of ordinary care allows the agent to believe that the agent possesses.
Mont. Code Ann. § 28-3-502 — MT Code / Title 28 / Chapter 3 / Part 5 / Section 28-3-502
28-3-502 Interpretation of technical words
Status: in_force

28-3-502 . Interpretation of technical words. Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate unless clearly used in a different sense.
Mont. Code Ann. § 28-2-905 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-905
28-2-905 When extrinsic evidence concerning a written agreement may be considered
Status: in_force

28-2-905 . When extrinsic evidence concerning a written agreement may be considered. (1) Whenever the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms. Therefore, there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:

(a) when a mistake or imperfection of the writing is put in issue by the pleadings;

(b) when the validity of the agreement is the fact in dispute.

(2) This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as described in 1-4-102 , or other evidence to explain an extrinsic ambiguity or to establish illegality or fraud.

(3) The term "agreement", for the purposes of this section, includes deeds and wills as well as contracts between parties.
Mont. Code Ann. § 28-1-1105 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1105
28-1-1105 When partial performance extinguishes part of obligation
Status: in_force

28-1-1105 . 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.
Mont. Code Ann. § 28-11-206 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-206
28-11-206 Liability upon guaranty of conditional obligation -- notice of default
Status: in_force

28-11-206 . Liability upon guaranty of conditional obligation -- notice of default. If a person guarantees a conditional obligation, the person's liability is commensurate with that of the principal and the person is not entitled to notice of the default of the principal unless the person is unable, by the exercise of reasonable diligence, to acquire information of the default and the creditor has actual notice of the default.
Mont. Code Ann. § 28-1-1111 — MT Code / Title 28 / Chapter 1 / Part 11 / Section 28-1-1111
28-1-1111 Receipt for money, instrument, or property delivered
Status: in_force

28-1-1111 . Receipt for money, instrument, or property delivered. Whoever pays money or delivers an instrument or property is entitled to a written receipt therefor from the person to whom the payment or delivery is made and may demand a proper signature to such receipt as a condition of the payment or delivery.
Mont. Code Ann. § 28-11-317 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-317
28-11-317 When judgment not conclusive against person indemnifying
Status: in_force

28-11-317 . When judgment not conclusive against person indemnifying. (1) If the person indemnifying, whether the person is a principal or a surety in the agreement, does not have reasonable notice of the action or proceeding against the person indemnified or is not allowed to control the person indemnified's defense, judgment against the person indemnified is only presumptive evidence against the person indemnifying.

(2) A stipulation that a judgment against the person indemnified is conclusive upon the person indemnifying is inapplicable if the person indemnifying had a good defense upon the merits that by want of ordinary care the person indemnified failed to establish in the action.
Mont. Code Ann. § 28-11-419 — MT Code / Title 28 / Chapter 11 / Part 4 / Section 28-11-419
28-11-419 Creditor entitled to benefit of security held by surety
Status: in_force

28-11-419 . Creditor entitled to benefit of security held by surety. A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation and may, upon the maturity of the obligation, compel the application of such security to its satisfaction.
Mont. Code Ann. § 28-1-1225 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1225
28-1-1225 Deposit of money offered in payment
Status: in_force

28-1-1225 . Deposit of money offered in payment. An obligation for the payment of money is extinguished by a due offer of payment if the amount is immediately deposited in the name of the creditor with some bank of deposit within this state of good repute and notice thereof is given to the creditor.
Mont. Code Ann. § 28-11-312 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-312
28-11-312 When person indemnifying entitled to reimbursement
Status: in_force

28-11-312 . When person indemnifying entitled to reimbursement. If a person at the request of another engages to answer in damages, whether liquidated or unliquidated, for any violation of duty on the part of the latter, the person is entitled to be reimbursed in the same manner as a surety for whatever the person may pay.
Mont. Code Ann. § 28-11-203 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-203
28-11-203 Liability under guaranty of illegal contract or contract void against principal
Status: in_force

28-11-203 . Liability under guaranty of illegal contract or contract void against principal. A guarantor is not liable if the contract of the principal is unlawful, but the guarantor is liable notwithstanding any mere personal disability of the principal, even though the disability would make the contract void against the principal.
Mont. Code Ann. § 28-10-801 — MT Code / Title 28 / Chapter 10 / Part 8 / Section 28-10-801
28-10-801 Circumstances that terminate agency
Status: in_force

28-10-801 . Circumstances that terminate agency. An agency is terminated as to every person having notice of the termination by:

(1) the expiration of the agency's term;

(2) the extinction of the agency' subject;

(3) the death of the agent;

(4) the agent's renunciation of the agency; or

(5) the incapacity of the agent to act as an agent.
Mont. Code Ann. § 28-1-1208 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1208
28-1-1208 Offer of late performance with compensation
Status: in_force

28-1-1208 . Offer of late performance with compensation. Where delay in performance is capable of exact and entire compensation and time has not been expressly declared to be of the essence of the obligation, an offer of performance accompanied with an offer of such compensation may be made at any time after it is due, but without prejudice to any rights acquired by the creditor or by any other person in the meantime.
Mont. Code Ann. § 28-1-1402 — MT Code / Title 28 / Chapter 1 / Part 14 / Section 28-1-1402
28-1-1402 Satisfaction -- definition and effect
Status: in_force

28-1-1402 . Satisfaction -- definition and effect. Acceptance by the creditor of the consideration of an accord extinguishes the obligation and is called satisfaction.
Mont. Code Ann. § 28-2-2201 — MT Code / Title 28 / Chapter 2 / Part 22 / Section 28-2-2201
28-2-2201 Residential construction contracts -- disclosure and warranty requirements
Status: in_force

28-2-2201 . Residential construction contracts -- disclosure and warranty requirements. (1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.

(2) All residential construction contracts that are subject to the provisions of this section must be in writing and must contain the following:

(a) a disclosure that the general contractor has a current general liability policy;

(b) a disclosure that the general contractor has a workers' compensation policy or is an independent contractor without employees;

(c) a provision setting out the billing cycle establishing the payment schedule to be followed by the owner;

(d) a provision establishing procedures for handling change orders by the owner;

(e) a statement of all inspections and tests that the general contractor will perform or have performed prior to, during, or upon completion of construction and a statement that the owner is entitled to receive the results of any tests conducted by the general contractor or conducted at the general contractor's request;

(f) a statement that the owner is entitled at the owner's expense to have any inspections and tests conducted that the owner considers necessary; and

(g) a statement that the general contractor is providing an express warranty that is valid for a period of at least 1 year from completion of the construction project. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.
Mont. Code Ann. § 28-1-1601 — MT Code / Title 28 / Chapter 1 / Part 16 / Section 28-1-1601
28-1-1601 Extinction of obligation by a release
Status: in_force

28-1-1601 . Extinction of obligation by a release. An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration or in writing, with or without new consideration.
Mont. Code Ann. § 28-3-303 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-303
28-3-303 Writing generally to determine intention
Status: in_force

28-3-303 . Writing generally to determine intention. When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible, subject, however, to the other provisions of this chapter.
Mont. Code Ann. § 28-11-102 — MT Code / Title 28 / Chapter 11 / Part 1 / Section 28-11-102
28-11-102 Knowledge or consent of principal not required
Status: in_force

28-11-102 . Knowledge or consent of principal not required. A person may become guarantor even without the knowledge or consent of the principal.
Mont. Code Ann. § 28-11-314 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-314
28-11-314 When and what person indemnified entitled to recover
Status: in_force

28-11-314 . When and what person indemnified entitled to recover. (1) Upon an indemnity against liability, expressly or in other equivalent terms, the person indemnified is entitled to recover upon becoming liable.

(2) Upon an indemnity against claims, demands, damages, or costs, expressly or in other equivalent terms, the person indemnified is not entitled to recover without payment thereof.
Mont. Code Ann. § 28-2-511 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-511
28-2-511 When proposal may be revoked
Status: in_force

28-2-511 . When proposal may be revoked. A proposal may be revoked at any time before its acceptance is communicated to the proposer, but not afterwards.
Mont. Code Ann. § 28-2-1714 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1714
28-2-1714 When rescission may be adjudged
Status: in_force

28-2-1714 . When rescission may be adjudged. The rescission of a written contract may be adjudged on the application of a party aggrieved:

(1) in any of the cases mentioned in 28-2-1711 ;

(2) where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or

(3) when the public interest will be prejudiced by permitting it to stand.
Mont. Code Ann. § 28-2-402 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-402
28-2-402 What constitutes duress
Status: in_force

28-2-402 . What constitutes duress. Duress consists in:

(1) unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;

(2) unlawful detention of the property of any such person; or

(3) confinement of such person, lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive.
Mont. Code Ann. § 28-1-1502 — MT Code / Title 28 / Chapter 1 / Part 15 / Section 28-1-1502
28-1-1502 Kinds of novation
Status: in_force

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

(1) a new obligation between the same parties with intent to extinguish the old obligation;

(2) a new debtor in place of the old one with intent to release the latter; or

(3) a new creditor in place of the old one with intent to transfer the rights of the latter to the former.
Mont. Code Ann. § 28-1-102 — MT Code / Title 28 / Chapter 1 / Part 1 / Section 28-1-102
28-1-102 How obligations arise
Status: in_force

28-1-102 . How obligations arise. An obligation arises either from:

(1) the contract of the parties; or

(2) the operation of law.
Mont. Code Ann. § 28-10-502 — MT Code / Title 28 / Chapter 10 / Part 5 / Section 28-10-502
28-10-502 Effect of unauthorized employment of subagent
Status: in_force

28-10-502 . Effect of unauthorized employment of subagent. If an agent employs a subagent without authority, the agent is a principal and the subagent is the agent's agent and the principal of the agent has no connection with the subagent. A mere agent of an agent is not responsible as such to the principal of the agent.
Mont. Code Ann. § 28-11-311 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-311
28-11-311 Person indemnifying liable jointly and severally
Status: in_force

28-11-311 . (Temporary) Person indemnifying liable jointly and severally. Except as provided in 27-1-703 , one who indemnifies another against an act to be done by the latter is liable jointly with the person indemnified and separately to every person injured by such act. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
Mont. Code Ann. § 28-2-724 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-724
28-2-724 Prohibition of contracts that restrict practice -- applicability -- exceptions
Status: in_force

28-2-724 . Prohibition of contracts that restrict practice -- applicability -- exceptions. (1) A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship with a health care provider described in subsection (2) may not restrict the right of the health care provider, after the termination of the employment, partnership, or other form of professional relationship, to:

(a) practice or provide services for which the provider is licensed, in any geographic area and for any period;

(b) treat, advise, consult with, or establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship; or

(c) solicit or seek to establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship.

(2) The requirements of subsection (1) apply to contracts or agreements involving the following health care providers:

(a) a physician licensed under Title 37, chapter 3;

(b) a psychologist licensed under Title 37, chapter 17;

(c) a naturopathic physician licensed under Title 37, chapter 26;

(d) a social worker licensed under Title 37, chapter 39;

(e) a professional counselor licensed under Title 37, chapter 39;

(f) an addiction counselor licensed under Title 37, chapter 39;

(g) a marriage and family therapist licensed under Title 37, chapter 39;

(h) a behavioral health peer support specialist licensed under Title 37, chapter 39;

(i) a registered professional nurse or an advanced practice registered nurse licensed under Title 37, chapter 8; or

(j) a physician assistant licensed under Title 37, chapter 20.

(3) This section does not apply to a contract in connection with the sale and purchase of a practice or to a provision for repayment of all or a portion of money paid or advanced to a physician licensed under Title 37, chapter 3, that is subject to a payback provision that decreases over time, including but not limited to a bona fide loan, relocation cost, signing bonus, education expense, and tuition repayment expense.
Mont. Code Ann. § 28-2-103 — MT Code / Title 28 / Chapter 2 / Part 1 / Section 28-2-103
28-2-103 Express versus implied contracts
Status: in_force

28-2-103 . Express versus implied contracts. A contract is either express or implied. An express contract is one the terms of which are stated in words. An implied contract is one the existence and terms of which are manifested by conduct.
Mont. Code Ann. § 28-10-405 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-405
28-10-405 Implied powers of agent
Status: in_force

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

(1) do everything necessary and proper and usual, in the ordinary course of business, for effecting the purpose of the agency; and

(2) make a representation respecting any matter of fact, except the terms of the agent's authority, upon which the right to use the agent's authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
Mont. Code Ann. § 28-3-304 — MT Code / Title 28 / Chapter 3 / Part 3 / Section 28-3-304
28-3-304 When writing disregarded
Status: in_force

28-3-304 . When writing disregarded. When through fraud, mistake, or accident a written contract fails to express the real intention of the parties, such intention is to be regarded and the erroneous parts of the writing disregarded.
Mont. Code Ann. § 28-10-702 — MT Code / Title 28 / Chapter 10 / Part 7 / Section 28-10-702
28-10-702 When agent responsible to third persons as principal
Status: in_force

28-10-702 . When agent responsible to third persons as principal. A person who assumes to act as an agent is responsible to third persons as a principal for acts in the course of the agency in any of the following cases and in no other:

(1) when, with the agent's consent, credit is given to the agent personally in a transaction;

(2) when the agent enters into a written contract in the name of the principal without believing in good faith that the agent has authority to do so; or

(3) when the agent's acts are wrongful in their nature.
Mont. Code Ann. § 28-10-607 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-607
28-10-607 When principal bound by incomplete execution of authority
Status: in_force

28-10-607 . When principal bound by incomplete execution of authority. A principal is bound by an incomplete execution of an authority when it is consistent with the whole purpose and scope thereof, but not otherwise.
Mont. Code Ann. § 28-1-201 — MT Code / Title 28 / Chapter 1 / Part 2 / Section 28-1-201
28-1-201 General duty of care
Status: in_force

28-1-201 . General duty of care. Every person is bound, without contract, to abstain from injuring the person or property of another or infringing upon any of another person's rights.
Mont. Code Ann. § 28-1-1403 — MT Code / Title 28 / Chapter 1 / Part 14 / Section 28-1-1403
28-1-1403 When part performance extinguishes obligation
Status: in_force

28-1-1403 . When part performance extinguishes obligation. Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.
Mont. Code Ann. § 28-3-601 — MT Code / Title 28 / Chapter 3 / Part 6 / Section 28-3-601
28-3-601 Time of performance when not specified
Status: in_force

28-3-601 . Time of performance when not specified. If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly (for example, if it consists in the payment of money only), it must be performed immediately upon the thing to be done being exactly ascertained.
Mont. Code Ann. § 28-1-211 — MT Code / Title 28 / Chapter 1 / Part 2 / Section 28-1-211
28-1-211 Implied covenant of good faith and fair dealing
Status: in_force

28-1-211 . Implied covenant of good faith and fair dealing. The conduct required by the implied covenant of good faith and fair dealing is honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
Mont. Code Ann. § 28-10-404 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-404
28-10-404 When and as to whom agent's authority restricted
Status: in_force

28-10-404 . When and as to whom agent's authority restricted. Every agent has the authority as described by Title 30, chapter 11, parts 5 and 6, and this chapter unless specially deprived of that authority by the agent's principal and has even then the statutorily described authority ostensibly except as to persons who have actual or constructive notice of the restriction upon the agent's authority.
Mont. Code Ann. § 28-2-814 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-814
28-2-814 Effect of impossibility of designated exclusive method of determination
Status: in_force

28-2-814 . Effect of impossibility of designated exclusive method of determination. (1) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.

(2) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.
Mont. Code Ann. § 28-1-401 — MT Code / Title 28 / Chapter 1 / Part 4 / Section 28-1-401
28-1-401 What obligations are conditional
Status: in_force

28-1-401 . What obligations are conditional. An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
Mont. Code Ann. § 28-10-703 — MT Code / Title 28 / Chapter 10 / Part 7 / Section 28-10-703
28-10-703 Responsibility of agent when third person claims property received for principal
Status: in_force

28-10-703 . Responsibility of agent when third person claims property received for principal. If an agent receives anything for the benefit of the agent's principal that another person is entitled to possess, the agent shall, on demand, surrender it to the person, or so much of it as the agent has under the agent's control at the time of demand, on being indemnified for any advance that the agent has made to the principal, in good faith, on account of the advance. The agent is responsible for the thing of benefit if, after demand, the agent delivers it to the principal.
Mont. Code Ann. § 28-10-407 — MT Code / Title 28 / Chapter 10 / Part 4 / Section 28-10-407
28-10-407 Statutory exceptions to general authority
Status: in_force

28-10-407 . Statutory exceptions to general authority. An authority expressed in general terms, however broad, does not authorize an agent to:

(1) act in the agent's own name unless it is the usual course of business to do so;

(2) define the scope of the agency; or

(3) do any act that a trustee is forbidden to do by Title 72, chapter 38.
Mont. Code Ann. § 28-1-1503 — MT Code / Title 28 / Chapter 1 / Part 15 / Section 28-1-1503
28-1-1503 How novation accomplished
Status: in_force

28-1-1503 . How novation accomplished. Novation is made by contract and is subject to all the rules concerning contracts in general.
Mont. Code Ann. § 28-2-1612 — MT Code / Title 28 / Chapter 2 / Part 16 / Section 28-2-1612
28-2-1612 Presumption that parties intended equitable agreement
Status: in_force

28-2-1612 . Presumption that parties intended equitable agreement. For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
Mont. Code Ann. § 28-2-803 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-803
28-2-803 Consideration to be lawful -- effect of illegality
Status: in_force

28-2-803 . Consideration to be lawful -- effect of illegality. The consideration of a contract must be lawful within the meaning of 28-2-701 . If any part of a single consideration for one or more objects or of several considerations for a single object is unlawful, the entire contract is void.
Mont. Code Ann. § 28-2-906 — MT Code / Title 28 / Chapter 2 / Part 9 / Section 28-2-906
28-2-906 When written contract takes effect
Status: in_force

28-2-906 . When written contract takes effect. A contract in writing takes effect upon its delivery to the party in whose favor it is made or to the party's agent.
Mont. Code Ann. § 28-3-102 — MT Code / Title 28 / Chapter 3 / Part 1 / Section 28-3-102
28-3-102 What law and usage to govern interpretation
Status: in_force

28-3-102 . What law and usage to govern interpretation. A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
Mont. Code Ann. § 28-1-1224 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1224
28-1-1224 Custody of thing other than money
Status: in_force

28-1-1224 . Custody of thing other than money. The person offering a thing other than money by way of performance shall, if the person means to treat it as belonging to the creditor, retain it as a depositary for hire until the creditor accepts it or until the person has given reasonable notice to the creditor that the person will retain it no longer and, if with reasonable diligence the person can find a suitable depositary for the thing, until the person has deposited it with the suitable depositary.
Mont. Code Ann. § 28-10-202 — MT Code / Title 28 / Chapter 10 / Part 2 / Section 28-10-202
28-10-202 Consideration unnecessary
Status: in_force

28-10-202 . Consideration unnecessary. A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.
Mont. Code Ann. § 28-11-216 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-216
28-11-216 Effect of part performance on guarantor's liability
Status: in_force

28-11-216 . Effect of part performance on guarantor's liability. The acceptance by a creditor of anything in partial satisfaction of an obligation reduces the obligation of a guarantor thereof in the same measure as that of the principal but does not otherwise affect it.
Mont. Code Ann. § 28-1-501 — MT Code / Title 28 / Chapter 1 / Part 5 / Section 28-1-501
28-1-501 Who may select between alternative performances
Status: in_force

28-1-501 . Who may select between alternative performances. If an obligation requires the performance of one of two acts in the alternative, the party required to perform has the right of selection unless it is otherwise provided by the terms of the obligation.
Mont. Code Ann. § 28-10-303 — MT Code / Title 28 / Chapter 10 / Part 3 / Section 28-10-303
28-10-303 Duty of agent employed to collect negotiable instrument
Status: in_force

28-10-303 . Duty of agent employed to collect negotiable instrument. An agent employed to collect a negotiable instrument must collect it promptly and take all measures necessary to charge the parties thereto in case of its dishonor and, if it is a bill of exchange, present it for acceptance with reasonable diligence.
Mont. Code Ann. § 28-2-407 — MT Code / Title 28 / Chapter 2 / Part 4 / Section 28-2-407
28-2-407 What constitutes undue influence
Status: in_force

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

(1) the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person;

(2) taking an unfair advantage of another person's weakness of mind; or

(3) taking a grossly oppressive and unfair advantage of another person's necessities or distress.
Mont. Code Ann. § 28-3-101 — MT Code / Title 28 / Chapter 3 / Part 1 / Section 28-3-101
28-3-101 Rules of interpretation to be uniform
Status: in_force

28-3-101 . Rules of interpretation to be uniform. All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this code.
Mont. Code Ann. § 28-2-2104 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2104
28-2-2104 Obligations upon delay of payment
Status: in_force

28-2-2104 . Obligations upon delay of payment. (1) If a periodic or final payment that is required by a construction contract to be paid by an owner to a contractor is delayed by more than 30 days from the date the payment is required by the contract to be made, the owner shall pay to the contractor interest, beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If the contractor receives interest from the owner for a delayed payment by the owner, the contractor shall ensure that any interest accrued on a delayed payment is distributed by the contractor to subcontractors on a pro rata basis.

(2) If a periodic or final payment required by a subcontract to be paid by a contractor to a subcontractor is delayed for more than 30 days from the date the payment is required by the subcontract to be made, the contractor shall pay to the subcontractor interest beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If a subcontractor receives interest from the contractor for a delayed payment by the contractor, the subcontractor shall ensure that any interest accrued on the delayed payment is distributed by the subcontractor to other subcontractors, if any, on a pro rata basis.

(3) Acceptance of the final payment releases any claim for interest on the payment.
Mont. Code Ann. § 28-11-214 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-214
28-11-214 Guarantor not exonerated by discharge of principal
Status: in_force

28-11-214 . Guarantor not exonerated by discharge of principal. A guarantor is not exonerated by the discharge of the guarantor's principal by operation of law without the intervention or omission of the creditor.
Mont. Code Ann. § 28-3-602 — MT Code / Title 28 / Chapter 3 / Part 6 / Section 28-3-602
28-3-602 When time considered of the essence
Status: in_force

28-3-602 . When time considered of the essence. Time is never considered as of the essence of a contract unless by its terms expressly so provided.
Mont. Code Ann. § 28-2-801 — MT Code / Title 28 / Chapter 2 / Part 8 / Section 28-2-801
28-2-801 What constitutes good consideration
Status: in_force

28-2-801 . What constitutes good consideration. Any benefit conferred or agreed to be conferred upon the promisor by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered or agreed to be suffered by the person, other than prejudice that the person is at the time of consent lawfully bound to suffer, as an inducement to the promisor is a good consideration for a promise.
Mont. Code Ann. § 28-1-1001 — MT Code / Title 28 / Chapter 1 / Part 10 / Section 28-1-1001
28-1-1001 Rights arising out of obligation transferable
Status: in_force

28-1-1001 . Rights arising out of obligation transferable. A right arising out of an obligation is the property of the person to whom it is due and may be transferred as the property of that person. Unless otherwise provided by law, a transfer by written, oral, electronic, or other means creates a valid assignment upon the transfer.
Mont. Code Ann. § 28-10-606 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-606
28-10-606 Extent to which principal bound by acts under ostensible authority
Status: in_force

28-10-606 . Extent to which principal bound by acts under ostensible authority. A principal is bound by acts of the principal's agent under a merely ostensible authority to those persons only who have in good faith and without ordinary negligence incurred a liability or parted with value upon the faith of the authority.
Mont. Code Ann. § 28-1-1204 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1204
28-1-1204 Who must make offer of performance
Status: in_force

28-1-1204 . Who must make offer of performance. An offer of performance must be made by the debtor or by some person on the debtor's behalf and with the debtor's assent.
Mont. Code Ann. § 28-1-1202 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1202
28-1-1202 Effect of offer
Status: in_force

28-1-1202 . Effect of offer. (1) An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property.

(2) An offer of payment or other performance duly made stops the running of interest on the obligation and has the same effect upon all incidents of the obligation as a performance thereof, whether or not the title to anything offered is transferred to the creditor.
Mont. Code Ann. § 28-2-503 — MT Code / Title 28 / Chapter 2 / Part 5 / Section 28-2-503
28-2-503 Implied acceptance
Status: in_force

28-2-503 . Implied acceptance. (1) Performance of the conditions of a proposal or the acceptance of the consideration offered with a proposal is an acceptance of the proposal.

(2) A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known or ought to be known to the person accepting.
Mont. Code Ann. § 28-11-205 — MT Code / Title 28 / Chapter 11 / Part 2 / Section 28-11-205
28-11-205 When guarantor of payment or performance becomes liable
Status: in_force

28-11-205 . When guarantor of payment or performance becomes liable. A guarantor of payment or performance is liable to the guarantee immediately upon the default of the principal and without demand or notice.
Mont. Code Ann. § 28-11-316 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-316
28-11-316 Duty of person indemnifying to defend
Status: in_force

28-11-316 . Duty of person indemnifying to defend. The person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the person indemnified in respect to the matters embraced by the indemnity, but the person indemnified has the right to conduct defenses if the person indemnified chooses to do so. If, after request, the person indemnifying neglects to defend the person indemnified, a recovery against the person indemnified suffered by the person indemnified in good faith is conclusive in favor of the person indemnified against the person indemnifying.
Mont. Code Ann. § 28-2-2105 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2105
28-2-2105 Prevailing party entitled to costs and attorney fees
Status: in_force

28-2-2105 . Prevailing party entitled to costs and attorney fees. In a civil action on a contract to enforce an obligation imposed by this part, the prevailing party is entitled to reasonable attorney fees and costs, both for trial and appeal. If the parties to a construction contract or subcontract use arbitration, the arbitrator may award fees and costs as the arbitrator may determine.
Mont. Code Ann. § 28-11-302 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-302
28-11-302 Indemnity for future unlawful act void
Status: in_force

28-11-302 . Indemnity for future unlawful act void. An agreement to indemnify a person against an act thereafter to be done is void if the act be known by such person, at the time of doing it, to be unlawful.
Mont. Code Ann. § 28-11-315 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-315
28-11-315 Costs of defense
Status: in_force

28-11-315 . Costs of defense. An indemnity against claims, demands, or liability, expressly or in other equivalent terms, embraces the costs of defense against such claims, demands, or liability incurred in good faith and in the exercise of a reasonable discretion.
Mont. Code Ann. § 28-2-1711 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1711
28-2-1711 When party may rescind
Status: in_force

28-2-1711 . When party may rescind. A party to a contract may rescind the contract in the following cases only:

(1) if the consent of the party rescinding or of any party jointly contracting with the party rescinding was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with the connivance of the party as to whom the party rescinds or of any other party to the contract jointly interested with the party;

(2) if, through the fault of the party as to whom the other party rescinds, the consideration for the obligation of the party at fault fails in whole or in part;

(3) if the consideration becomes entirely void from any cause;

(4) if the consideration, before it is rendered to the rescinding party, fails in a material respect from any cause; or

(5) if all the other parties consent.
Mont. Code Ann. § 28-10-608 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-608
28-10-608 Rights of person who deals with agent without knowledge of agency
Status: in_force

28-10-608 . Rights of person who deals with agent without knowledge of agency. A person who deals with an agent without knowing or having reason to believe that the agent acts as an agent in the transaction may set off against any claim of the principal arising out of the transaction all claims that the person might have set off against the agent before notice of the agency.
Mont. Code Ann. § 28-2-2111 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2111
28-2-2111 Construction contract indemnification provisions
Status: in_force

28-2-2111 . Construction contract indemnification provisions. (1) Except as provided in subsections (2) and (3), a construction contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.

(2) A construction contract may contain a provision:

(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or

(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.

(3) This section does not apply to indemnity of a surety by a principal on a construction contract bond or to an insurer's obligation to its insureds.

(4) As used in this section, "construction contract" means an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including any agreement to supply labor, materials, or equipment for an improvement to real property.
Mont. Code Ann. § 28-2-2116 — MT Code / Title 28 / Chapter 2 / Part 21 / Section 28-2-2116
28-2-2116 Construction contracts -- void provisions
Status: in_force

28-2-2116 . Construction contracts -- void provisions. (1) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract for a project in this state and that makes the contract subject to the laws of another state or that requires any litigation, arbitration, or other dispute resolution proceeding arising from a dispute pertaining to the contract to be conducted in another state is against the public policy of this state and is void and unenforceable.

(2) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract and that states that a party to the contract may not suspend performance under the contract or terminate the contract if another party to the contract fails to make prompt payments under the contract as provided in 28-2-2103 is against the public policy of this state and is void and unenforceable.
Mont. Code Ann. § 28-2-706 — MT Code / Title 28 / Chapter 2 / Part 7 / Section 28-2-706
28-2-706 Contracts in restraint of marriage generally void
Status: in_force

28-2-706 . Contracts in restraint of marriage generally void. Every contract in restraint of the marriage of any person other than a minor is void.
Mont. Code Ann. § 28-10-605 — MT Code / Title 28 / Chapter 10 / Part 6 / Section 28-10-605
28-10-605 Extent to which principal bound when agent exceeds authority
Status: in_force

28-10-605 . Extent to which principal bound when agent exceeds authority. When an agent exceeds the agent's authority, the agent's principal is bound by the agent's authorized acts only so far as the authorized acts can be plainly separated from those that are unauthorized.
Mont. Code Ann. § 28-11-305 — MT Code / Title 28 / Chapter 11 / Part 3 / Section 28-11-305
28-11-305 Indemnification of several persons
Status: in_force

28-11-305 . Indemnification of several persons. An agreement to indemnify several persons applies to each unless a contrary intention appears.
Mont. Code Ann. § 28-1-202 — MT Code / Title 28 / Chapter 1 / Part 2 / Section 28-1-202
28-1-202 Obligation of one who unilaterally decides to render service
Status: in_force

28-1-202 . Obligation of one who unilaterally decides to render service. A person who officiously and without the consent of the real or apparent owner of a thing takes it into the person's possession for the purpose of rendering service about it must complete the service and use ordinary care, diligence, and reasonable skill about the service. The person is not entitled to any compensation for the service or expenses, except that the person may deduct actual and necessary expenses incurred by the person about the service from any profits that the service has caused the thing to acquire for its owner and shall account to the owner for the residue.
Mont. Code Ann. § 28-1-1207 — MT Code / Title 28 / Chapter 1 / Part 12 / Section 28-1-1207
28-1-1207 When offer must be made
Status: in_force

28-1-1207 . When offer must be made. (1) Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before or afterwards.

(2) Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon reasonable demand, has refused to perform.
Mont. Code Ann. § 28-2-204 — MT Code / Title 28 / Chapter 2 / Part 2 / Section 28-2-204
28-2-204 When person of unsound mind cannot disaffirm contract
Status: in_force

28-2-204 . When person of unsound mind cannot disaffirm contract. A person of unsound mind cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for the person's support or that of the person's family, entered into by the person when not under the care of a parent or guardian able to provide for the person or the person's family.
Mont. Code Ann. § 28-2-1716 — MT Code / Title 28 / Chapter 2 / Part 17 / Section 28-2-1716
28-2-1716 Power of court to require party rescinding to do equity
Status: in_force

28-2-1716 . Power of court to require party rescinding to do equity. On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation or restoration to the other which justice may require.