reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article IX. Authentication and Identification › Rule 903. Subscribing witness' testimony unnecessary

Rule 903. Subscribing witness' testimony unnecessary.
The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1001. Definitions

Rule 1001. Definitions.
For purposes of this article the following definitions are applicable:
(1) Writings and recordings. Writings and recordings consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
(2) Photographs. Photographs include still photographs, x-ray films, video tapes, and motion pictures.
(3) Original. An original of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original.
(4) Duplicate. A duplicate is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
(5) Copies of entries in the regular course of business. A copy of an entry in the regular course of business consists of an entry in a writing kept in the regular course of business copied from another such writing by manual or mechanical means at or near the time of the transaction.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1002. Requirement of original

Rule 1002. Requirement of original.
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided by statute, these rules, or other rules applicable in the courts of this state.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1003. Admissibility of duplicates, copies of certain entries

Rule 1003. Admissibility of duplicates, copies of certain entries.
A duplicate, or copy of an entry in the regular course of business as defined in Rule 1001(5), is admissible to the same extent as an original unless:
(1) a genuine question is raised as to the authenticity of the original; or
(2) in the circumstances it would be unfair to admit the duplicate or copy of an entry in the regular course of business in lieu of the original; or
(3) otherwise provided by statute.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1004. Admissibility of other evidence of contents

Rule 1004. Admissibility of other evidence of contents.
The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:
(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
(2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or
(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977; amd. Sup. Ct. Ord. June 7, 1990, eff. June 7, 1990.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1005. Public records

Rule 1005. Public records.
The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1006. Summaries

Rule 1006. Summaries.
The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that they be produced in court.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1007. Testimony or written admission of party

Rule 1007. Testimony or written admission of party.
Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977; amd. Sup. Ct. Ord. June 7, 1990, eff. June 7, 1990.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 10. Montana Rules of Evidence › Part Article X. Contents of Writings, Recordings, and Photographs › Rule 1008. Functions of court and jury

Rule 1008. Functions of court and jury.
When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is for the court to determine in accordance with the provisions of Rule 104.
History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-101. Judicial remedies defined

27-1-101. Judicial remedies defined.
Judicial remedies are such as are administered by the courts of justice or by judicial officers empowered for the purpose by the constitution and statutes of this state.
History: En. Sec. 3469, C. Civ. Proc. 1895; re-en. Sec. 8077, Rev. C. 1907; re-en. Sec. 8995, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 20; re-en. Sec. 8995, R.C.M. 1935; R.C.M. 1947, 93-2201.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-102. Actions and special proceedings defined

27-1-102. Actions and special proceedings defined.
(1) These remedies are divided into two classes:
(a) actions; and
(b) special proceedings.
(2) An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Every other remedy is a special proceeding.
History: (1)En. Sec. 3470, C. Civ. Proc. 1895; re-en. Sec. 8078, Rev. C. 1907; re-en. Sec. 8996, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 21; re-en. Sec. 8996, R.C.M. 1935; Sec. 93-2202, R.C.M. 1947; (2)Ap. p. Sec. 3471, C. Civ. Proc. 1895; re-en. Sec. 8079, Rev. C. 1907; re-en. Sec. 8997, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 22; re-en. Sec. 8997, R.C.M. 1935; Sec. 93-2203, R.C.M. 1947; Ap. p. Sec. 3472, C. Civ. Proc. 1895; re-en. Sec. 8080, Rev. C. 1907; re-en. Sec. 8998, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 23; re-en. Sec. 8998, R.C.M. 1935; Sec. 92-2204, R.C.M. 1947; R.C.M. 1947, 92-2202, 93-2203, 93-2204.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-103. Civil and criminal actions

27-1-103. Civil and criminal actions.
(1) Actions are of two kinds:
(a) civil; and
(b) criminal.
(2) A civil action is prosecuted by one party against another for the enforcement or protection of a right or the redress or prevention of a wrong. Titles 45 and 46 define and provide for the prosecution of a criminal action. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.
History: (1)En. Sec. 3473, C. Civ. Proc. 1895; re-en. Sec. 8081, Rev. C. 1907; re-en. Sec. 8999, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 24; re-en. Sec. 8999, R.C.M. 1935; Sec. 92-2205, R.C.M. 1947; (2)Ap. p. Sec. 3479, C. Civ. Proc. 1895; re-en. Sec. 8087, Rev. C. 1907; re-en. Sec. 9005, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 30; re-en. Sec. 9005, R.C.M. 1935; Sec. 93-2211, R.C.M. 1947; Ap. p. Sec. 3480, C. Civ. Proc. 1895; re-en. Sec. 8088, Rev. C. 1907; re-en. Sec. 9006, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 31; re-en. Sec. 9006, R.C.M. 1935; Sec. 93-2212, R.C.M. 1947, 93-2212; Ap. p. Sec. 3481, C. Civ. Proc. 1895; re-en. Sec. 8089, Rev. C. 1907; re-en. Sec. 9007, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 32; re-en. Sec. 9007, R.C.M. 1935; Sec. 93-2213, R.C.M. 1947; R.C.M. 1947, 93-2205, 93-2211, 93-2212, 93-2213.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-104. Bases for civil actions

27-1-104. Bases for civil actions.
A civil action arises out of:
(1) an obligation;
(2) an injury.
History: En. Sec. 3474, C. Civ. Proc. 1895; re-en. Sec. 8082, Rev. C. 1907; re-en. Sec. 9000, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 25; re-en. Sec. 9000, R.C.M. 1935; R.C.M. 1947, 93-2206.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-105. Obligation defined

27-1-105. Obligation defined.
An obligation is a legal duty by which one person is bound to do or not to do a certain thing and arises from:
(1) contract; or
(2) operation of law.
History: En. Sec. 3475, C. Civ. Proc. 1895; re-en. Sec. 8083, Rev. C. 1907; re-en. Sec. 9001, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 26; re-en. Sec. 9001, R.C.M. 1935; R.C.M. 1947, 93-2207.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-106. Injury defined

27-1-106. Injury defined.
(1) An injury is of two kinds:
(a) to the person; and
(b) to property.
(2) An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it. Every other injury is an injury to the person.
History: (1)En. Sec. 3476, C. Civ. Proc. 1895; re-en. Sec. 8084, Rev. C. 1907; re-en. Sec. 9002, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 27; re-en. Sec. 9002, R.C.M. 1935; Sec. 93-2208, R.C.M. 1947; (2)Ap. p. Sec. 3477, C. Civ. Proc. 1895; re-en. Sec. 8085, Rev. C. 1907; re-en. Sec. 9003, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 28; re-en. Sec. 9003, R.C.M. 1935; Sec. 93-2209, R.C.M. 1947; Ap. p. Sec. 3478, C. Civ. Proc. 1895; re-en. Sec. 8086, Rev. C. 1907; re-en. Sec. 9004, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 29; re-en. Sec. 9004, R.C.M. 1935; Sec. 93-2210, R.C.M. 1947; R.C.M. 1947, 93-2208, 93-2209, 93-2210.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 1. General Provisions › 27-1-107. Kinds of relief -- when given

27-1-107. Kinds of relief -- when given.
As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights and the means of securing their observance. Specific and preventive relief may be given only in those cases specified by statute.
History: En. Sec. 4260, Civ. C. 1895; re-en. Sec. 6038, Rev. C. 1907; re-en. Sec. 8657, R.C.M. 1921; Cal. Civ. C. Sec. 3274; re-en. Sec. 8657, R.C.M. 1935; R.C.M. 1947, 17-101; amd. Sec. 1, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-201. Detriment defined

27-1-201. Detriment defined.
Detriment is a loss or harm suffered in person or property.
History: En. Sec. 4271, Civ. C. 1895; re-en. Sec. 6041, Rev. C. 1907; re-en. Sec. 8660, R.C.M. 1921; Cal. Civ. C. Sec. 3282; Field Civ. C. Sec. 1833; re-en. Sec. 8660, R.C.M. 1935; R.C.M. 1947, 17-202.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-202. Right to compensatory damages

27-1-202. Right to compensatory damages.
Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation for it in money, which is called damages. The measure of the damages recoverable from the person in fault for the reasonable value of medical services or treatment in actions arising from bodily injury or death is set forth in 27-1-308.
History: En. Sec. 4270, Civ. C. 1895; re-en. Sec. 6040, Rev. C. 1907; re-en. Sec. 8659, R.C.M. 1921; Cal. Civ. C. Sec. 3281; Field Civ. C. Sec. 1832; re-en. Sec. 8659, R.C.M. 1935; R.C.M. 1947, 17-201; amd. Sec. 1, Ch. 327, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-203. Right to damages for detriment resulting after suit brought and for future detriment

27-1-203. Right to damages for detriment resulting after suit brought and for future detriment.
Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof or certain to result in the future.
History: En. Sec. 4272, Civ. C. 1895; re-en. Sec. 6042, Rev. C. 1907; re-en. Sec. 8661, R.C.M. 1921; Cal. Civ. C. Sec. 3283; Field Civ. C. Sec. 1834; re-en. Sec. 8661, R.C.M. 1935; R.C.M. 1947, 17-203.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-204. Nominal damages when no appreciable detriment

27-1-204. Nominal damages when no appreciable detriment.
When a breach of duty has caused no appreciable detriment to the party affected, the party may recover nominal damages.
History: En. Sec. 4367, Civ. C. 1895; re-en. Sec. 6088, Rev. C. 1907; re-en. Sec. 8706, R.C.M. 1921; Cal. Civ. C. Sec. 3360; Field Civ. C. Sec. 1879; re-en. Sec. 8706, R.C.M. 1935; R.C.M. 1947, 17-608; amd. Sec. 559, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-210. Interest on torts

27-1-210. Interest on torts.
(1) (a) Subject to subsection (2), in an action for recovery on an injury as defined in 27-1-106, a prevailing claimant is entitled to interest at a rate equal to the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in any publication that may supersede it on the day judgment is entered, plus 3%, on any claim for damages awarded that are capable of being made certain by calculation, beginning from the date 30 days after the claimant presented a written statement to the opposing party or the party's agent stating the claim and how the specific sum was calculated.
(b) The rate for bank prime loans established in subsection (1)(a) must be set as of January 1 of each year and remain in effect until December 31 of each year.
(2) The interest provisions of subsection (1) do not apply to damages not capable of being made certain by calculation, including but not limited to future damages until the damages are incurred and damages for:
(a) pain and suffering;
(b) injury to credit, reputation, or financial standing;
(c) mental anguish or suffering;
(d) exemplary or punitive damages;
(e) loss of established way of life;
(f) loss of consortium; and
(g) attorney fees.
(3) The jury is to be advised by the court that the court will determine the amount of prejudgment interest due, if any, on any judgment rendered.
(4) Any payment by a party of a claim or interest on a claim as set forth in subsection (1) is not an admission of liability and may not be made known to the jury.
History: En. Sec. 1, Ch. 523, L. 1985; amd. Sec. 560, Ch. 56, L. 2009; amd. Sec. 2, Ch. 446, L. 2017.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-211. Right to interest

27-1-211. Right to interest.
Each person who is entitled to recover damages certain or capable of being made certain by calculation and the right to recover that is vested in the person upon a particular day is entitled also to recover interest on the damages from that day except during the time that the debtor is prevented by law or by the act of the creditor from paying the debt.
History: En. Sec. 4280, Civ. C. 1895; re-en. Sec. 6043, Rev. C. 1907; re-en. Sec. 8662, R.C.M. 1921; Cal. Civ. C. Sec. 3287; Field Civ. C. Sec. 1835; re-en. Sec. 8662, R.C.M. 1935; R.C.M. 1947, 17-204; amd. Sec. 561, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-212. When award of interest discretionary

27-1-212. When award of interest discretionary.
In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. This section does not apply in actions for recovery of damages arising from injury to a person or property brought against a governmental entity under Title 2, chapter 9, parts 1 through 3, as amended.
History: En. Sec. 4281, Civ. C. 1895; re-en. Sec. 6044, Rev. C. 1907; re-en. Sec. 8663, R.C.M. 1921; Cal. Civ. C. Sec. 3288; Field Civ. C. Sec. 1836; re-en. Sec. 8663, R.C.M. 1935; amd. Sec. 3, Ch. 234, L. 1977; R.C.M. 1947, 17-205.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-213. Validity of interest rate set by contract

27-1-213. Validity of interest rate set by contract.
Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.
History: En. Sec. 4282, Civ. C. 1895; re-en. Sec. 6045, Rev. C. 1907; re-en. Sec. 8664, R.C.M. 1921; Cal. Civ. C. Sec. 3289; Field Civ. C. Sec. 1837; re-en. Sec. 8664, R.C.M. 1935; R.C.M. 1947, 17-206.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-214. Waiver of interest by accepting principal

27-1-214. Waiver of interest by accepting principal.
Accepting payment of the whole principal, as such, waives all claim to interest.
History: En. Sec. 4283, Civ. C. 1895; re-en. Sec. 6046, Rev. C. 1907; re-en. Sec. 8665, R.C.M. 1921; Cal. Civ. C. Sec. 3290; Field Civ. C. Sec. 1838; re-en. Sec. 8665, R.C.M. 1935; R.C.M. 1947, 17-207.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-220. Punitive damages -- when allowed -- limitation

27-1-220. Punitive damages -- when allowed -- limitation.
(1) Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant.
(2) (a) Unless otherwise expressly provided by statute, punitive damages may not be recovered in any action arising from:
(i) contract; or
(ii) breach of contract.
(b) Subsection (2)(a) does not prohibit recovery of punitive damages in a products liability action or an action arising under 33-18-201.
(3) An award for punitive damages may not exceed $10 million or 3% of a defendant's net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.
History: En. Sec. 1, Ch. 507, L. 1985; amd. Sec. 1, Ch. 627, L. 1987; amd. Sec. 1, Ch. 457, L. 2003.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-222. Exemplary damages for inhumane injuries to animals

27-1-222. Exemplary damages for inhumane injuries to animals.
(1) For wrongful injuries to animals, being subjects of property, committed willfully or by gross negligence in disregard of humanity, exemplary damages may be given.
(2) As used in this section, "animals" includes ostriches, rheas, and emus.
History: En. Sec. 4337, Civ. C. 1895; re-en. Sec. 6075, Rev. C. 1907; re-en. Sec. 8693, R.C.M. 1921; Cal. Civ. C. Sec. 3340; Field Civ. C. Sec. 1867; re-en. Sec. 8693, R.C.M. 1935; R.C.M. 1947; 17-408; amd. Sec. 5, Ch. 206, L. 1995.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 2. Damages › 27-1-223. Damages for injuries or death inflicted in duel

27-1-223. Damages for injuries or death inflicted in duel.
If a person slays or permanently disables another person in a duel in this state, the person shall provide for the maintenance of the spouse and minor children of the person slain or permanently disabled in a manner and at a cost, either by aggregate compensation in damages to each or by a monthly, quarterly, or annual allowance, that is determined by the court and the party is liable for and shall pay all debts of the person slain or permanently disabled.
History: Ap. p. Sec. 4353, Civ. C. 1895; re-en. Sec. 6079, Rev. C. 1907; re-en. Sec. 8697, R.C.M. 1921; Cal. Civ. C. Sec. 3347; re-en. Sec. 8697, R.C.M. 1935; amd. Sec. 11, Ch. 535, L. 1975; Sec. 17-504, R.C.M. 1947; Ap. p. Sec. 4354, Civ. C. 1895; re-en. Sec. 6080, Rev. C. 1907; re-en. Sec. 8698, R.C.M. 1921; Cal. Civ. C. Sec. 3348; re-en. Sec. 8698, R.C.M. 1935; Sec. 17-505, R.C.M. 1947; R.C.M. 1947, 17-504, 17-505; amd. Sec. 2, Ch. 12, L. 1979; amd. Sec. 562, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-301. Prescribed damages exclusive of exemplary damages and interest

27-1-301. Prescribed damages exclusive of exemplary damages and interest.
The damages prescribed by 27-1-204, 27-1-222, 27-1-223, and this part are exclusive of exemplary damages and interest except where those are expressly mentioned.
History: En. Sec. 4364, Civ. C. 1895; re-en. Sec. 6085, Rev. C. 1907; re-en. Sec. 8703, R.C.M. 1921; Cal. Civ. C. Sec. 3357; Field Civ. C. Sec. 1876; re-en. Sec. 8703, R.C.M. 1935; R.C.M. 1947, 17-605.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-302. Damages to be reasonable

27-1-302. Damages to be reasonable.
(1) Subject to subsection (2), damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages contrary to substantial justice, no more than reasonable damages can be recovered.
(2) In any action arising from bodily injury or death, damages exceeding amounts provided in 27-1-308(2) are unreasonable, unconscionable, and grossly oppressive contrary to substantial justice.
History: En. Sec. 4366, Civ. C. 1895; re-en. Sec. 6087, Rev. C. 1907; re-en. Sec. 8705, R.C.M. 1921; Cal. Civ. C. Sec. 3359; Field. Civ. C. Sec. 1878; re-en. Sec. 8705, R.C.M. 1935; R.C.M. 1947, 17-607; amd. Sec. 2, Ch. 327, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-303. Limitation of damages for breach of obligation

27-1-303. Limitation of damages for breach of obligation.
A person may not recover a greater amount in damages for the breach of an obligation than the person could have gained by the full performance of the obligation on both sides unless a greater recovery is specified by statute.
History: En. Sec. 4365, Civ. C. 1895; re-en. Sec. 6086, Rev. C. 1907; re-en. Sec. 8704, R.C.M. 1921; Cal. Civ. C. Sec. 3358; Field. Civ. C. Sec. 1877; re-en. Sec. 8704, R.C.M. 1935; R.C.M. 1947, 17-606; amd. Sec. 3, Ch. 12, L. 1979; amd. Sec. 563, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-304. Value of written instrument

27-1-304. Value of written instrument.
For the purpose of estimating damages, the value of an instrument in writing is presumed to be equal to that of the property to which it entitles the owner.
History: En. Sec. 4363, Civ. C. 1895; re-en. Sec. 6084, Rev. C. 1907; re-en. Sec. 8702, R.C.M. 1921; Cal. Civ. C. Sec. 3356; Based on Field. Civ. C. Sec. 1875; re-en. Sec. 8702, R.C.M. 1935; R.C.M. 1947, 17-604.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-305. Property of peculiar value

27-1-305. Property of peculiar value.
Where a certain property has a peculiar value to a person recovering damages for deprivation thereof or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof or against a willful wrongdoer.
History: En. Sec. 4362, Civ. C. 1895; re-en. Sec. 6083, Rev. C. 1907; re-en. Sec. 8701, R.C.M. 1921; Cal. Civ. C. Sec. 3355; Field Civ. C. Sec. 1874; re-en. Sec. 8701, R.C.M. 1935; R.C.M. 1947, 17-603.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-306. When replacement value to be allowed

27-1-306. When replacement value to be allowed.
The measure of damages in a case in which the cost of repairing a motor vehicle exceeds its value is the actual replacement value of the motor vehicle rather than its "book" value unless, after the damages arise, the parties agree to use the "book" value. "Book" value must be determined by referring to the most recent volume of the Mountain States Edition of the National Automobile Dealers Association (N.A.D.A.) Official Used Car Guide or the National Edition of N.A.D.A. Appraisal Guides Official Older Used Car Guide. Actual replacement value is the actual cash value of the motor vehicle immediately prior to the damage. "Book" value may be used to assist in determining the actual replacement value of the motor vehicle.
History: En. Sec. 1, Ch. 320, L. 1981; amd. Sec. 1, Ch. 71, L. 1997; amd. Sec. 62, Ch. 51, L. 1999; amd. Sec. 1, Ch. 472, L. 1999; amd. Sec. 21, Ch. 515, L. 1999; amd. Sec. 40, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-310. Damages for emotional or mental distress prohibited in contract actions -- exception

27-1-310. Damages for emotional or mental distress prohibited in contract actions -- exception.
In an action for breach of an obligation or duty arising from contract, recovery is prohibited for emotional or mental distress, except in those actions involving actual physical injury to the plaintiff. Emotional or mental distress, as used in this section, includes mental anguish or suffering, sorrow, grief, fright, shame, embarrassment, humiliation, anger, chagrin, disappointment, or worry.
History: En. Sec. 1, Ch. 488, L. 1987.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-311. Breach of contract

27-1-311. Breach of contract.
For the breach of an obligation arising from contract, the measure of damages, except when otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment which was proximately caused thereby or in the ordinary course of things would be likely to result therefrom. Damages which are not clearly ascertainable in both their nature and origin cannot be recovered for a breach of contract.
History: Ap. p. Sec. 4300, Civ. C. 1895; re-en. Sec. 6048, Rev. C. 1907; re-en. Sec. 8667, R.C.M. 1921; Cal. Civ. C. Sec. 3300; Based on Field Civ. C. Sec. 1840; re-en. Sec. 8667, R.C.M. 1935; Sec. 17-301, R.C.M. 1947; Ap. p. Sec. 4301, Civ. C. 1895; re-en. Sec. 6049, Rev. C. 1907; re-en. Sec. 8668, R.C.M. 1921; Cal. Civ. C. Sec. 3301; Field Civ. C. Sec. 1841; re-en. Sec. 8668, R.C.M. 1935; Sec. 17-302, R.C.M. 1947; R.C.M. 1947, 17-301, 17-302; amd. Sec. 4, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-312. Breach of obligation to pay money

27-1-312. Breach of obligation to pay money.
The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon.
History: En. Sec. 4302, Civ. C. 1895; re-en. Sec. 6050, Rev. C. 1907; re-en. Sec. 8669, R.C.M. 1921; Cal. Civ. C. Sec. 3302; Field Civ. C. Sec. 1842; re-en. Sec. 8669, R.C.M. 1935; R.C.M. 1947, 17-303.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-313. Breach of warranty of agent's authority

27-1-313. Breach of warranty of agent's authority.
The detriment caused by the breach of a warranty of an agent's authority is considered to be the amount that could have been recovered and collected from the principal if the warranty had been complied with and the reasonable expenses of legal proceedings taken in good faith to enforce the act of the agent against the principal.
History: En. Sec. 4318, Civ. C. 1895; re-en. Sec. 6066, Rev. C. 1907; re-en. Sec. 8684, R.C.M. 1921; Cal. Civ. C. Sec. 3318; Field Civ. C. Sec. 1858; re-en. Sec. 8684, R.C.M. 1935; R.C.M. 1947, 17-318; amd. Sec. 565, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-314. Breach of agreement to convey real property

27-1-314. Breach of agreement to convey real property.
The detriment caused by the breach of an agreement to convey an estate in real property is considered to be the price paid and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon. If the breach was in bad faith and the agreed price was less than the value of the estate, the detriment is also considered to include the difference between the agreed price and the value of the estate at the time of the breach and the expenses properly incurred in preparing to enter upon the land.
History: En. Sec. 4306, Civ. C. 1895; re-en. Sec. 6054, Rev. C. 1907; re-en. Sec. 8672, R.C.M. 1921; Cal. Civ. C. Sec. 3306; Field Civ. C. Sec. 1846; re-en. Sec. 8672, R.C.M. 1935; R.C.M. 1947, 17-306; amd. Sec. 5, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-315. Breach of agreement to buy real property

27-1-315. Breach of agreement to buy real property.
The detriment caused by the breach of an agreement to purchase an estate in real property is considered to be the excess, if any, of the amount that would have been due to the seller under the contract over the value of the property to the seller.
History: En. Sec. 4307, Civ. C. 1895; re-en. Sec. 6055, Rev. C. 1907; re-en. Sec. 8673, R.C.M. 1921; Cal. Civ. C. Sec. 3307; Field Civ. C. Sec. 1847; re-en. Sec. 8673, R.C.M. 1935; R.C.M. 1947, 17-307; amd. Sec. 566, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-316. Breach of covenants in grants of estates in real property

27-1-316. Breach of covenants in grants of estates in real property.
(1) The detriment caused by the breach of a covenant of seisin, of right to convey, of warranty, or of quiet enjoyment in a grant of an estate in real property is considered to be:
(a) the price paid to the grantor or, if the breach is partial only, the proportion of the price that the value of the property affected by the breach bore at the time of the grant to the value of the whole property;
(b) interest on the portion of the price for the time during which the grantee derived no benefit from the property, not exceeding 5 years; and
(c) any expenses properly incurred by the covenantee in defending possession.
(2) The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is considered to be the amount that has been actually expended by the covenantee in extinguishing either the principal or interest of the amount, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach as compared with the whole or, in the latter case, interest on a like amount.
History: (1)En. Sec. 4304, Civ. C. 1895; re-en. Sec. 6052, Rev. C. 1907; re-en. Sec. 8670, R.C.M. 1921; Cal. Civ. C. Sec. 3304; Based on Field Civ. C. Sec. 1844; re-en. Sec. 8670, R.C.M. 1935; Sec. 17-304, R.C.M. 1947; (2)En. Sec. 4305, Civ. C. 1895; re-en. Sec. 6053, Rev. C. 1907; re-en. Sec. 8671, R.C.M. 1921; Cal. Civ. C. Sec. 3305; Field Civ. C. Sec. 1845; re-en. Sec. 8671, R.C.M. 1935; Sec. 17-305, R.C.M. 1947; R.C.M. 1947, 17-304, 17-305; amd. Sec. 567, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-317. Breach of obligation other than contract

27-1-317. Breach of obligation other than contract.
For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.
History: En. Sec. 4330, Civ. C. 1895; re-en. Sec. 6068, Rev. C. 1907; re-en. Sec. 8686, R.C.M. 1921; Cal. Civ. C. Sec. 3333; Field. Civ. C. Sec. 1860; re-en. Sec. 8686, R.C.M. 1935; R.C.M. 1947, 17-401.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-318. Wrongful occupation of real property

27-1-318. Wrongful occupation of real property.
The detriment caused by the wrongful occupation of real property in cases not otherwise provided for in this code is deemed to be the value of the use of the property for the time of such occupation, not exceeding 5 years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the possession.
History: En. Sec. 4331, Civ. C. 1895; re-en. Sec. 6069, Rev. C. 1907; re-en. Sec. 8687, R.C.M. 1921; Cal. Civ. C. Sec. 3334; Based on Field Civ. C. Sec. 1861; re-en. Sec. 8687, R.C.M. 1935; R.C.M. 1947, 17-402.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-319. Willful holding over of real property

27-1-319. Willful holding over of real property.
For willfully holding over real property by a person who entered upon the same as guardian or trustee for a minor or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.
History: En. Sec. 4332, Civ. C. 1895; re-en. Sec. 6070, Rev. C. 1907; re-en. Sec. 8688, R.C.M. 1921; Cal. Civ. C. Sec. 3335; Field. Civ. C. Sec. 1862; re-en. Sec. 8688, R.C.M. 1935; R.C.M. 1947, 17-403; amd. Sec. 3, Ch. 2, L. 1983.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-320. Conversion of personal property

27-1-320. Conversion of personal property.
(1) The detriment caused by the wrongful conversion of personal property is presumed to be:
(a) the value of the property at the time of its conversion with the interest from that time or, when the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict without interest, at the option of the injured party; and
(b) a fair compensation for the time and money properly expended in pursuit of the property.
(2) The presumption declared by subsection (1) cannot be rebutted in favor of one whose possession was wrongful from the beginning by that person's subsequent application of the property to the benefit of the owner without the owner's consent.
History: (1)En. Sec. 4333, Civ. C. 1895; re-en. Sec. 6071, Rev. C. 1907; re-en. Sec. 8689, R.C.M. 1921; Cal. Civ. C. Sec. 3336; Field Civ. C. Sec. 1863; re-en. Sec. 8689, R.C.M. 1935; Sec. 17-404, R.C.M. 1947; (2)En. Sec. 4334, Civ. C. 1895; re-en. Sec. 6072, Rev. C. 1907; re-en. Sec. 8690, R.C.M. 1921; Cal. Civ. C. Sec. 3337; Field. Civ. C. Sec. 1864; re-en. Sec. 8690, R.C.M. 1935; Sec. 17-405, R.C.M. 1947; R.C.M. 1947, 17-404, 17-405; amd. Sec. 6, Ch. 12, L. 1979; amd. Sec. 568, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-321. Conversion of personal property -- damages of lienholder

27-1-321. Conversion of personal property -- damages of lienholder.
A person having a mere lien on personal property cannot recover greater damages for the property's conversion, from a person having a right to the property superior to the person holding the lien after the lien is discharged, than the amount secured by the lien and the compensation allowed by 27-1-320(1) for the loss of time and expenses.
History: En. Sec. 4335, Civ. C. 1895; re-en. Sec. 6073, Rev. C. 1907; re-en. Sec. 8691, R.C.M. 1921; Cal. Civ. C. Sec. 3338; Field Civ. C. Sec. 1865; re-en. Sec. 8691, R.C.M. 1935; R.C.M. 1947, 17-406; amd. Sec. 569, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-322. Seduction

27-1-322. Seduction.
The damages for seduction rest in the sound discretion of the jury.
History: En. Sec. 4336, Civ. C. 1895; re-en. Sec. 6074, Rev. C. 1907; re-en. Sec. 8692, R.C.M. 1921; Cal. Civ. C. Sec. 3339; Field Civ. C. Sec. 1866; re-en. Sec. 8692, R.C.M. 1935; R.C.M. 1947, 17-407.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 3. Measure of Damages › 27-1-323. Wrongful death

27-1-323. Wrongful death.
In every action under 27-1-513, such damages may be given as under all the circumstances of the case may be just.
History: En. Sec. 1, p. 561, Cod. Stat. 1871; en. Sec. 14, p. 42, L. 1877; re-en. Sec. 14, 1st Div. Rev. Stat. 1879; re-en. Sec. 14, 1st Div. Comp. Stat. 1887; re-en. Sec. 579, C. Civ. Proc. 1895; re-en. Sec. 6486, Rev. C. 1907; re-en. Sec. 9076, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 377; re-en. Sec. 9076, R.C.M. 1935; R.C.M. 1947, 93-2810(part); amd. Sec. 1, Ch. 449, L. 1987.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-401. When specific or preventive relief permitted

27-1-401. When specific or preventive relief permitted.
Specific or preventive relief may be given in the cases specified in this part and Title 28, chapter 2, parts 16 and 17, and in no others. Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, or to enforce the penalty or forfeiture in any case.
History: Ap. p. Sec. 4380, Civ. C. 1895; re-en. Sec. 6089, Rev. C. 1907; re-en. Sec. 8707, R.C.M. 1921; Cal. Civ. C. Sec. 3366; Field Civ. C. Sec. 1880; re-en. Sec. 8707, R.C.M. 1935; Sec. 17-701, R.C.M. 1947; Ap. p. Sec. 4383, Civ. C. 1895; re-en. Sec. 6092, Rev. C. 1907; re-en. Sec. 8710, R.C.M. 1921; Cal. Civ. C. Sec. 3369; Field Civ. C. Sec. 1883; re-en. Sec. 8710, R.C.M. 1935; Sec. 17-704, R.C.M. 1947; R.C.M. 1947, 17-701, 17-704.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-402. How specific relief given

27-1-402. How specific relief given.
Specific relief is given by:
(1) taking possession of a thing and delivering it to a claimant;
(2) compelling the party to do that which ought to be done; or
(3) declaring and determining the rights of parties otherwise than by an award of damages.
History: En. Sec. 4381, Civ. C. 1895; re-en. Sec. 6090, Rev. C. 1907; re-en. Sec. 8708, R.C.M. 1921; Cal. Civ. C. Sec. 3367; Field Civ. C. Sec. 1881; re-en. Sec. 8708, R.C.M. 1935; R.C.M. 1947, 17-702; amd. Sec. 570, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-403. How preventive relief given

27-1-403. How preventive relief given.
Preventive relief is given by prohibiting a party from doing that which ought not to be done. Preventive relief is granted by injunction, provisional or final.
History: Ap. p. Sec. 4382, Civ. C. 1895; re-en. Sec. 6091, Rev. C. 1907; re-en. Sec. 8709, R.C.M. 1921; Cal. Civ. C. Sec. 3368; Field. Civ. C. Sec. 1882; re-en. Sec. 8709, R.C.M. 1935; Sec. 17-703, R.C.M. 1947; Ap. p. Sec. 4460, Civ. C. 1895; re-en. Sec. 6118, Rev. C. 1907; re-en. Sec. 8736, R.C.M. 1921; Cal. Civ. C. Sec. 3420; Field Civ. C. Sec. 1909; re-en. Sec. 8736, R.C.M. 1935; Sec. 17-1101, R.C.M. 1947; R.C.M. 1947, 17-703, 17-1101.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-411. When specific performance of an obligation may be compelled

27-1-411. When specific performance of an obligation may be compelled.
Except as otherwise provided in this part and Title 28, chapter 2, parts 16 and 17, the specific performance of an obligation may be compelled when:
(1) the act to be done is in the performance, wholly or partly, of an express trust;
(2) the act to be done is such that pecuniary compensation for its nonperformance would not afford adequate relief;
(3) it would be extremely difficult to ascertain the actual damage caused by the nonperformance of the act to be done; or
(4) it has been expressly agreed in writing, between the parties to the contract, that specific performance thereof may be required by either party or that damages shall not be considered adequate relief.
History: En. Sec. 4410, Civ. C. 1895; re-en. Sec. 6096, Rev. C. 1907; re-en. Sec. 8714, R.C.M. 1921; Cal. Civ. C. Sec. 3384; Field Civ. C. Sec. 1887; re-en. Sec. 8714, R.C.M. 1935; R.C.M. 1947, 17-801.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-412. Obligations which cannot be specifically enforced

27-1-412. Obligations which cannot be specifically enforced.
The following obligations cannot be specifically enforced:
(1) an obligation to render personal service or to employ another therein;
(2) an agreement to marry or live with another;
(3) an agreement to perform an act which the party has not power to perform lawfully when required to do so;
(4) an agreement to procure the act or consent of the spouse of the contracting party or of any other third person; or
(5) an agreement the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.
History: En. Sec. 4416, Civ. C. 1895; re-en. Sec. 6102, Rev. C. 1907; re-en. Sec. 8720, R.C.M. 1921; Cal. Civ. C. Sec. 3390; Field Civ. C. Sec. 1893; re-en. Sec. 8720, R.C.M. 1935; amd. Sec. 12, Ch. 535, L. 1975; R.C.M. 1947, 17-807; amd. Sec. 23, Ch. 684, L. 1985.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-413. Specific performance not to be oppressive

27-1-413. Specific performance not to be oppressive.
Specific performance cannot be compelled when it would operate more harshly upon the party required to perform than its refusal would operate upon the party seeking it.
History: En. Sec. 4419, Civ. C. 1895; re-en. Sec. 6105, Rev. C. 1907; re-en. Sec. 8723, R.C.M. 1921; Field Civ. C. Sec. 1896; re-en. Sec. 8723, R.C.M. 1935; R.C.M. 1947, 17-810.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-414. Right to specific performance to be mutual

27-1-414. Right to specific performance to be mutual.
(1) When either of the parties to an obligation is entitled to a specific performance thereof according to the provisions of 27-1-411, the other party is also entitled to it, though not within those provisions.
(2) Neither party to any obligation can be compelled specifically to perform it unless the other party thereto has performed or is compellable specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
History: (1)En. Sec. 4411, Civ. C. 1895; re-en. Sec. 6097, Rev. C. 1907; re-en. Sec. 8715, R.C.M. 1921; Cal. Civ. C. Sec. 3385; Field Civ. C. Sec. 1888; re-en. Sec. 8715, R.C.M. 1935; Sec. 17-802, R.C.M. 1947; (2)En. Sec. 4412, Civ. C. 1895; re-en. Sec. 6098, Rev. C. 1907; re-en. Sec. 8716, R.C.M. 1921; Cal. Civ. C. Sec. 3386; Field Civ. C. Sec. 1889; re-en. Sec. 8716, R.C.M. 1935; Sec. 17-803, R.C.M. 1947; R.C.M. 1947, 17-802, 17-803.