reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1201. When obligation extinguished by offer of performance

28-1-1201. When obligation extinguished by offer of performance.
An obligation is extinguished by an offer of performance made in conformity to the rules prescribed in this part and with intent to extinguish the obligation.
History: En. Sec. 2020, Civ. C. 1895; re-en. Sec. 4929, Rev. C. 1907; re-en. Sec. 7431, R.C.M. 1921; Cal. Civ. C. Sec. 1485; Field Civ. C. Sec. 706; re-en. Sec. 7431, R.C.M. 1935; R.C.M. 1947, 58-408.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1202. Effect of offer

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.
History: (1)En. Sec. 3410, C. Civ. Proc. 1895; re-en. Sec. 8036, Rev. C. 1907; re-en. Sec. 10680, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2074; re-en. Sec. 10680, R.C.M. 1935; Sec. 93-2201-1, R.C.M. 1947; (2)En. Sec. 2039, Civ. C. 1895; re-en. Sec. 4948, Rev. C. 1907; re-en. Sec. 7450, R.C.M. 1921; Cal. Civ. C. Sec. 1504; Field Civ. C. Sec. 725; re-en. Sec. 7450, R.C.M. 1935; Sec. 58-427, R.C.M. 1947; R.C.M. 1947, 58-427, 93-2201-1; amd. Sec. 7, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1203. Offer of partial performance ineffective

28-1-1203. Offer of partial performance ineffective.
An offer of partial performance is of no effect.
History: En. Sec. 2021, Civ. C. 1895; re-en. Sec. 4930, Rev. C. 1907; re-en. Sec. 7432, R.C.M. 1921; Cal. Civ. C. Sec. 1486; Field Civ. C. Sec. 707; re-en. Sec. 7432, R.C.M. 1935; R.C.M. 1947, 58-409.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1204. Who must make offer of performance

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.
History: En. Sec. 2022, Civ. C. 1895; re-en. Sec. 4931, Rev. C. 1907; re-en. Sec. 7433, R.C.M. 1921; Cal. Civ. C. Sec. 1487; Field Civ. C. Sec. 708; re-en. Sec. 7433, R.C.M. 1935; R.C.M. 1947, 58-410; amd. Sec. 757, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1205. To whom offer must be made

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.
History: En. Sec. 2023, Civ. C. 1895; re-en. Sec. 4932, Rev. C. 1907; re-en. Sec. 7434, R.C.M. 1921; Cal. Civ. C. Sec. 1488; Based on Field Civ. C. Sec. 709; re-en. Sec. 7434, R.C.M. 1935; R.C.M. 1947, 58-411; amd. Sec. 8, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1206. Where offer may be made

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.
History: En. Sec. 2024, Civ. C. 1895; re-en. Sec. 4933, Rev. C. 1907; re-en. Sec. 7435, R.C.M. 1921; Cal. Civ. C. Sec. 1489; Field Civ. C. Sec. 710; re-en. Sec. 7435, R.C.M. 1935; R.C.M. 1947, 58-412; amd. Sec. 758, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1207. When offer must be made

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.
History: (1)En. Sec. 2025, Civ. C. 1895; re-en. Sec. 4934, Rev. C. 1907; re-en. Sec. 7436, R.C.M. 1921; Cal. Civ. C. Sec. 1490; Field Civ. C. Sec. 711; re-en. Sec. 7436, R.C.M. 1935; Sec. 58-413, R.C.M. 1947; (2)En. Sec. 2026, Civ. C. 1895; re-en. Sec. 4935, Rev. C. 1907; re-en. Sec. 7437, R.C.M. 1921; Cal. Civ. C. Sec. 1491; Field Civ. C. Sec. 712; re-en. Sec. 7437, R.C.M. 1935; Sec. 58-414, R.C.M. 1947; R.C.M. 1947, 58-413, 58-414.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1208. Offer of late performance with compensation

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.
History: En. Sec. 2027, Civ. C. 1895; re-en. Sec. 4936, Rev. C. 1907; re-en. Sec. 7438, R.C.M. 1921; Cal. Civ. C. Sec. 1492; Field Civ. C. Sec. 713; re-en. Sec. 7438, R.C.M. 1935; R.C.M. 1947, 58-415.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1209. Offer to be made in good faith

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.
History: En. Sec. 2028, Civ. C. 1895; re-en. Sec. 4937, Rev. C. 1907; re-en. Sec. 7439, R.C.M. 1921; Cal. Civ. C. Sec. 1493; Field Civ. C. Sec. 714; re-en. Sec. 7439, R.C.M. 1935; R.C.M. 1947, 58-416.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1210. Offeror to be able and willing to perform

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.
History: En. Sec. 2030, Civ. C. 1895; re-en. Sec. 4939, Rev. C. 1907; re-en. Sec. 7441, R.C.M. 1921; Cal. Civ. C. Sec. 1495; Field Civ. C. Sec. 716; re-en. Sec. 7441, R.C.M. 1935; R.C.M. 1947, 58-418.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1211. When offer may be conditional

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.
History: En. Secs. 2029, 2033, Civ. C. 1895; re-en. Secs. 4938, 4942, Rev. C. 1907; re-en. Secs. 7440, 7444, R.C.M. 1921; Cal. Civ. C. Secs. 1494, 1498; Field Civ. C. Secs. 715, 719; re-en. Secs. 7440, 7444, R.C.M. 1935; R.C.M. 1947, 58-417, 58-421; amd. Sec. 759, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1212. Objections to mode of offer -- waiver

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.
History: En. Sec. 2036, Civ. C. 1895; re-en. Sec. 4945, Rev. C. 1907; re-en. Sec. 7447, R.C.M. 1921; Cal. Civ. C. Sec. 1501; Field Civ. C. Sec. 722; re-en. Sec. 7447, R.C.M. 1935; R.C.M. 1947, 58-424; amd. Sec. 9, Ch. 117, L. 1979; amd. Sec. 760, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1221. Title to thing offered

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.
History: En. Sec. 2037, Civ. C. 1895; re-en. Sec. 4946, Rev. C. 1907; re-en. Sec. 7448, R.C.M. 1921; Cal. Civ. C. Sec. 1502; Field Civ. C. Sec. 723; re-en. Sec. 7448, R.C.M. 1935; R.C.M. 1947, 58-425; amd. Sec. 761, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1222. Production of thing to be delivered

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.
History: En. Sec. 2031, Civ. C. 1895; re-en. Sec. 4940, Rev. C. 1907; re-en. Sec. 7442, R.C.M. 1921; Cal. Civ. C. Sec. 1496; Field Civ. C. Sec. 717; re-en. Sec. 7442, R.C.M. 1935; R.C.M. 1947, 58-419.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1223. Thing offered to be kept separate

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.
History: En. Sec. 2032, Civ. C. 1895; re-en. Sec. 4941, Rev. C. 1907; re-en. Sec. 7443, R.C.M. 1921; Cal. Civ. C. Sec. 1497; Field Civ. C. Sec. 718; re-en. Sec. 7443, R.C.M. 1935; R.C.M. 1947, 58-420.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1224. Custody of thing other than money

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.
History: En. Sec. 2038, Civ. C. 1895; re-en. Sec. 4947, Rev. C. 1907; re-en. Sec. 7449, R.C.M. 1921; Cal. Civ. C. Sec. 1503; Field Civ. C. Sec. 724; re-en. Sec. 7449, R.C.M. 1935; R.C.M. 1947, 58-426; amd. Sec. 762, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 12. Extinction of Obligation by Offer of Performance › 28-1-1225. Deposit of money offered in payment

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.
History: En. Sec. 2035, Civ. C. 1895; re-en. Sec. 4944, Rev. C. 1907; re-en. Sec. 7446, R.C.M. 1921; Cal. Civ. C. Sec. 1500; Field Civ. C. Sec. 721; re-en. Sec. 7446, R.C.M. 1935; R.C.M. 1947, 58-423.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 13. Prevention of Performance › 28-1-1301. When delay or failure to perform or offer to perform excused

28-1-1301. When delay or failure to perform or offer to 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.
History: En. Sec. 2050, Civ. C. 1895; re-en. Sec. 4950, Rev. C. 1907; re-en. Sec. 7452, R.C.M. 1921; Cal. Civ. C. Sec. 1511; Field Civ. C. Sec. 727; re-en. Sec. 7452, R.C.M. 1935; R.C.M. 1947, 58-429.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 13. Prevention of Performance › 28-1-1302. Effect when performance prevented by creditor

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.
History: En. Sec. 2051, Civ. C. 1895; re-en. Sec. 4951, Rev. C. 1907; re-en. Sec. 7453, R.C.M. 1921; Cal. Civ. C. Sec. 1512; Field Civ. C. Sec. 728; re-en. Sec. 7453, R.C.M. 1935; R.C.M. 1947, 58-430; amd. Sec. 763, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 13. Prevention of Performance › 28-1-1303. Effect when performance prevented by other causes

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.
History: En. Sec. 2052, Civ. C. 1895; re-en. Sec. 4952, Rev. C. 1907; re-en. Sec. 7454, R.C.M. 1921; Cal. Civ. C. Sec. 1514; re-en. Sec. 7454, R.C.M. 1935; R.C.M. 1947, 58-431; amd. Sec. 10, Ch. 117, L. 1979; amd. Sec. 764, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 13. Prevention of Performance › 28-1-1304. Effect of refusal to accept performance before offer

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.
History: En. Sec. 2053, Civ. C. 1895; re-en. Sec. 4953, Rev. C. 1907; re-en. Sec. 7455, R.C.M. 1921; Cal. Civ. C. Sec. 1515; Field Civ. C. Sec. 731; re-en. Sec. 7455, R.C.M. 1935; R.C.M. 1947, 58-432; amd. Sec. 765, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 14. Accord and Satisfaction › 28-1-1401. Accord -- definition and effect

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.
History: Ap. p. Sec. 2060, Civ. C. 1895; re-en. Sec. 4954, Rev. C. 1907; re-en. Sec. 7456, R.C.M. 1921; Cal. Civ. C. Sec. 1521; Based on Field Civ. C. Sec. 732; re-en. Sec. 7456, R.C.M. 1935; Sec. 58-501, R.C.M. 1947; Ap. p. Sec. 2061, Civ. C. 1895; re-en. Sec. 4955, Rev. C. 1907; re-en. Sec. 7457, R.C.M. 1921; Cal. Civ. C. Sec. 1522; Field Civ. C. Sec. 733; re-en. Sec. 7457, R.C.M. 1935; Sec. 58-502, R.C.M. 1947; R.C.M. 1947, 58-501, 58-502.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 14. Accord and Satisfaction › 28-1-1402. Satisfaction -- definition and effect

28-1-1402. Satisfaction -- definition and effect.
Acceptance by the creditor of the consideration of an accord extinguishes the obligation and is called satisfaction.
History: En. Sec. 2062, Civ. C. 1895; re-en. Sec. 4956, Rev. C. 1907; re-en. Sec. 7458, R.C.M. 1921; Cal. Civ. C. Sec. 1523; Field Civ. C. Sec. 734; re-en. Sec. 7458, R.C.M. 1935; R.C.M. 1947, 58-503.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 14. Accord and Satisfaction › 28-1-1403. When part performance extinguishes obligation

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.
History: En. Sec. 2063, Civ. C. 1895; re-en. Sec. 4957, Rev. C. 1907; re-en. Sec. 7459, R.C.M. 1921; Cal. Civ. C. Sec. 1524; re-en. Sec. 7459, R.C.M. 1935; R.C.M. 1947, 58-504.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 15. Novation › 28-1-1501. Novation defined

28-1-1501. Novation defined.
"Novation" is the substitution of a new obligation for an existing one.
History: En. Sec. 2070, Civ. C. 1895; re-en. Sec. 4958, Rev. C. 1907; re-en. Sec. 7460, R.C.M. 1921; Cal. Civ. C. Sec. 1530; Field Civ. C. Sec. 736; re-en. Sec. 7460, R.C.M. 1935; R.C.M. 1947, 58-505.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 15. Novation › 28-1-1502. Kinds of novation

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.
History: En. Sec. 2071, Civ. C. 1895; re-en. Sec. 4959, Rev. C. 1907; re-en. Sec. 7461, R.C.M. 1921; Cal. Civ. C. Sec. 1531; Field Civ. C. Sec. 737; re-en. Sec. 7461, R.C.M. 1935; R.C.M. 1947, 58-506.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 15. Novation › 28-1-1503. How novation accomplished

28-1-1503. How novation accomplished.
Novation is made by contract and is subject to all the rules concerning contracts in general.
History: En. Sec. 2072, Civ. C. 1895; re-en. Sec. 4960, Rev. C. 1907; re-en. Sec. 7462, R.C.M. 1921; Cal. Civ. C. Sec. 1532; Field Civ. C. Sec. 738; re-en. Sec. 7462, R.C.M. 1935; R.C.M. 1947, 58-507.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 15. Novation › 28-1-1504. When acceptance of novation may be rescinded

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.
History: En. Sec. 2073, Civ. C. 1895; re-en. Sec. 4961, Rev. C. 1907; re-en. Sec. 7463, R.C.M. 1921; Cal. Civ. C. Sec. 1533; Based on Field Civ. C. Sec. 740; re-en. Sec. 7463, R.C.M. 1935; R.C.M. 1947, 58-508; amd. Sec. 766, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 16. Release of Debtor by Creditor › 28-1-1601. Extinction of obligation by a release

28-1-1601. Extinction of obligation by a release.
An obligation is extinguished by a release therefrom given to the debtor by the creditor upon a new consideration or in writing, with or without new consideration.
History: En. Sec. 2080, Civ. C. 1895; re-en. Sec. 4962, Rev. C. 1907; re-en. Sec. 7464, R.C.M. 1921; Cal. Civ. C. Sec. 1541; Based on Field Civ. C. Sec. 741; re-en. Sec. 7464, R.C.M. 1935; R.C.M. 1947, 58-509.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 16. Release of Debtor by Creditor › 28-1-1602. What claims survive general release

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.
History: En. Sec. 2081, Civ. C. 1895; re-en. Sec. 4963, Rev. C. 1907; re-en. Sec. 7465, R.C.M. 1921; Cal. Civ. C. Sec. 1542; Based on Field Civ. C. Sec. 742; re-en. Sec. 7465, R.C.M. 1935; R.C.M. 1947, 58-510; amd. Sec. 767, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 16. Release of Debtor by Creditor › 28-1-1603. Effect of release of some but not all joint debtors

28-1-1603. Effect of release of some but not all joint 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.
History: En. Sec. 2082, Civ. C. 1895; re-en. Sec. 4964, Rev. C. 1907; re-en. Sec. 7466, R.C.M. 1921; Cal. Civ. C. Sec. 1543; Field Civ. C. Sec. 743; re-en. Sec. 7466, R.C.M. 1935; R.C.M. 1947, 58-511; amd. Sec. 768, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 1. General Provisions › 28-2-101. Contract defined

28-2-101. Contract defined.
A contract is an agreement to do or not to do a certain thing.
History: En. Sec. 2090, Civ. C. 1895; re-en. Sec. 4965, Rev. C. 1907; re-en. Sec. 7467, R.C.M. 1921; Cal. Civ. C. Sec. 1549; Field Civ. C. Sec. 744; re-en. Sec. 7467, R.C.M. 1935; R.C.M. 1947, 13-101.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 1. General Provisions › 28-2-102. Essential elements of a contract

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.
History: En. Secs. 2091, 2102, Civ. C. 1895; re-en. Secs. 4966, 4969, Rev. C. 1907; re-en. Secs. 7468, 7471, R.C.M. 1921; Cal. Civ. C. Secs. 1550, 1558; Field Civ. C. Secs. 745, 748; re-en. Secs. 7468, 7471, R.C.M. 1935; R.C.M. 1947, 13-102, 13-203; amd. Sec. 11, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 1. General Provisions › 28-2-103. Express versus implied contracts

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.
History: En. Secs. 2180, 2181, 2182, Civ. C. 1895; re-en. Secs. 5012, 5013, 5014, Rev. C. 1907; re-en. Secs. 7514, 7515, 7516, R.C.M. 1921; Cal. Civ. C. Secs. 1619, 1620, 1621; Field Civ. C. Secs. 789, 790, 791; re-en. Secs. 7514, 7515, 7516, R.C.M. 1935; R.C.M. 1947, 13-601, 13-602, 13-603.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 1. General Provisions › 28-2-104. Executed versus executory contracts

28-2-104. Executed versus executory contracts.
An executed contract is one the object of which is fully performed. All others are executory.
History: En. Sec. 2226, Civ. C. 1895; re-en. Sec. 5050, Rev. C. 1907; re-en. Sec. 7552, R.C.M. 1921; Cal. Civ. C. Sec. 1661; Field Civ. C. Sec. 826; re-en. Sec. 7552, R.C.M. 1935; R.C.M. 1947, 13-727.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-201. Who may contract

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.
History: En. Secs. 2100, 2101, Civ. C. 1895; re-en. Secs. 4967, 4968, Rev. C. 1907; re-en. Secs. 7469, 7470, R.C.M. 1921; Cal. Civ. C. Secs. 1556, 1557; Field Civ. C. Secs. 746, 747; re-en. Secs. 7469, 7470, R.C.M. 1935; R.C.M. 1947, 13-201, 13-202; amd. Sec. 12, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-202. Contracts of persons entirely without understanding

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.
History: En. Sec. 21, Civ. C. 1895; re-en. Sec. 3595, Rev. C. 1907; re-en. Sec. 5683, R.C.M. 1921; Cal. Civ. C. Sec. 38; re-en. Sec. 5683, R.C.M. 1935; re-en. Sec. 5683, R.C.M. 1935; R.C.M. 1947, 64-110; amd. Sec. 769, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-203. Contracts of persons with limited understanding

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.
History: En. Sec. 22, Civ. C. 1895; re-en. Sec. 3596, Rev. C. 1907; re-en. Sec. 5684, R.C.M. 1921; Cal. Civ. C. Sec. 39; Field Civ. C. Sec. 21; re-en. Sec. 5684, R.C.M. 1935; R.C.M. 1947, 64-111; amd. Sec. 770, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-204. When person of unsound mind cannot disaffirm contract

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.
History: En. Sec. 19, Civ. C. 1895; re-en. Sec. 3593, Rev. C. 1907; re-en. Sec. 5681, R.C.M. 1921; Cal. Civ. C. Sec. 36; Field Civ. C. Sec. 18; re-en. Sec. 5681, R.C.M. 1935; R.C.M. 1947, 64-108(part); amd. Sec. 771, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-205. When contract for benefit of third person may be enforced by third person

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.
History: En. Sec. 2103, Civ. C. 1895; re-en. Sec. 4970, Rev. C. 1907; re-en. Sec. 7472, R.C.M. 1921; Cal. Civ. C. Sec. 1559; Field Civ. C. Sec. 749; re-en. Sec. 7472, R.C.M. 1935; R.C.M. 1947, 13-204; amd. Sec. 772, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 2. Parties › 28-2-206. Assignment of nonnegotiable written contract

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.
History: En. Sec. 1982, Civ. C. 1895; re-en. Sec. 4913, Rev. C. 1907; re-en. Sec. 7415, R.C.M. 1921; Cal. Civ. C. Sec. 1459; re-en. Sec. 7415, R.C.M. 1935; R.C.M. 1947, 58-303; amd. Sec. 13, Ch. 117, L. 1979; amd. Sec. 773, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 3. Consent in General › 28-2-301. Essential characteristics of consent

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.
History: En. Sec. 2110, Civ. C. 1895; re-en. Sec. 4971, Rev. C. 1907; re-en. Sec. 7473, R.C.M. 1921; Cal. Civ. C. Sec. 1565; Field Civ. C. Sec. 750; re-en. Sec. 7473, R.C.M. 1935; R.C.M. 1947, 13-301.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 3. Consent in General › 28-2-302. Effect of consent which is not free

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.
History: En. Sec. 2111, Civ. C. 1895; re-en. Sec. 4972, Rev. C. 1907; re-en. Sec. 7474, R.C.M. 1921; Cal. Civ. C. Sec. 1566; Field Civ. C. Sec. 751; re-en. Sec. 7474, R.C.M. 1935; R.C.M. 1947, 13-302.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 3. Consent in General › 28-2-303. When consent is mutual

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.
History: En. Sec. 2125, Civ. C. 1895; re-en. Sec. 4986, Rev. C. 1907; re-en. Sec. 7488, R.C.M. 1921; Cal. Civ. C. Sec. 1580; Field Civ. C. Sec. 765; re-en. Sec. 7488, R.C.M. 1935; R.C.M. 1947, 13-316.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 3. Consent in General › 28-2-304. Ratification of contract void for want of consent

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.
History: En. Sec. 2133, Civ. C. 1895; re-en. Sec. 4994, Rev. C. 1907; re-en. Sec. 7496, R.C.M. 1921; Cal. Civ. C. Sec. 1588; Field Civ. C. Sec. 773; re-en. Sec. 7496, R.C.M. 1935; R.C.M. 1947, 13-324.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-401. When apparent consent not free

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.
History: En. Secs. 2112, 2113, Civ. C. 1895; re-en. Secs. 4973, 4974, Rev. C. 1907; re-en. Secs. 7475, 7476, R.C.M. 1921; Cal. Civ. C. Secs. 1567, 1568; Field Civ. C. Secs. 752, 753; re-en. Secs. 7475, 7476, R.C.M. 1935; R.C.M. 1947, 13-303, 13-304.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-402. What constitutes duress

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.
History: En. Sec. 2114, Civ. C. 1895; re-en. Sec. 4975, Rev. C. 1907; re-en. Sec. 7477, R.C.M. 1921; Cal. Civ. C. Sec. 1569; Field Civ. C. Sec. 754; re-en. Sec. 7477, R.C.M. 1935; R.C.M. 1947, 13-305.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-403. What constitutes menace

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.
History: En. Sec. 2115, Civ. C. 1895; re-en. Sec. 4976, Rev. C. 1907; re-en. Sec. 7478, R.C.M. 1921; Cal. Civ. C. Sec. 1570; Field Civ. C. Sec. 755; re-en. Sec. 7478, R.C.M. 1935; R.C.M. 1947, 13-306; amd. Sec. 14, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-404. Kinds of fraud

28-2-404. Kinds of fraud.
Fraud is either actual or constructive. Actual fraud is always a question of fact.
History: En. Secs. 2116, 2119, Civ. C. 1895; re-en. Secs. 4977, 4980, Rev. C. 1907; re-en. Secs. 7479, 7482, R.C.M. 1921; Cal. Civ. C. Secs. 1571, 1574; Field Civ. C. Secs. 756, 759; re-en. Secs. 7479, 7482, R.C.M. 1935; R.C.M. 1947, 13-307, 13-310.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-405. What constitutes actual fraud

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.
History: En. Sec. 2117, Civ. C. 1895; re-en. Sec. 4978, Rev. C. 1907; re-en. Sec. 7480, R.C.M. 1921; Cal. Civ. C. Sec. 1572; Field Civ. C. Sec. 757; re-en. Sec. 7480, R.C.M. 1935; R.C.M. 1947, 13-308; amd. Sec. 774, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-406. What constitutes constructive fraud

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.
History: En. Sec. 2118, Civ. C. 1895; re-en. Sec. 4979, Rev. C. 1907; re-en. Sec. 7481, R.C.M. 1921; Cal. Civ. C. Sec. 1573; Field Civ. C. Sec. 758; re-en. Sec. 7481, R.C.M. 1935; R.C.M. 1947, 13-309; amd. Sec. 775, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-407. What constitutes undue influence

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.
History: En. Sec. 2120, Civ. C. 1895; re-en. Sec. 4981, Rev. C. 1907; re-en. Sec. 7483, R.C.M. 1921; Cal. Civ. C. Sec. 1575; Field Civ. C. Sec. 760; re-en. Sec. 7483, R.C.M. 1935; R.C.M. 1947, 13-311; amd. Sec. 776, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-408. Kinds of mistake

28-2-408. Kinds of mistake.
Mistake may be either of fact or law.
History: En. Sec. 2121, Civ. C. 1895; re-en. Sec. 4982, Rev. C. 1907; re-en. Sec. 7484, R.C.M. 1921; Cal. Civ. C. Sec. 1576; Field Civ. C. Sec. 761; re-en. Sec. 7484, R.C.M. 1935; R.C.M. 1947, 13-312.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-409. What constitutes mistake of fact

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.
History: En. Sec. 2122, Civ. C. 1895; re-en. Sec. 4983, Rev. C. 1907; re-en. Sec. 7485, R.C.M. 1921; Cal. Civ. C. Sec. 1577; Field Civ. C. Sec. 762; re-en. Sec. 7485, R.C.M. 1935; R.C.M. 1947, 13-313.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-410. What constitutes mistake of law

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.
History: En. Sec. 2123, Civ. C. 1895; re-en. Sec. 4984, Rev. C. 1907; re-en. Sec. 7486, R.C.M. 1921; Cal. Civ. C. Sec. 1578; Field Civ. C. Sec. 763; re-en. Sec. 7486, R.C.M. 1935; R.C.M. 1947, 13-314.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 4. Circumstances Which Affect Validity of Apparent Consent › 28-2-411. Mistake of foreign laws -- mistake of fact

28-2-411. Mistake of foreign laws -- mistake of fact.
Mistake of foreign laws is a mistake of fact.
History: En. Sec. 2124, Civ. C. 1895; re-en. Sec. 4985, Rev. C. 1907; re-en. Sec. 7487, R.C.M. 1921; Cal. Civ. C. Sec. 1579; Field Civ. C. Sec. 764; re-en. Sec. 7487, R.C.M. 1935; R.C.M. 1947, 13-315.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-501. How consent is communicated

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.
History: En. Secs. 2126, 2127, Civ. C. 1895; re-en. Secs. 4987, 4988, Rev. C. 1907; re-en. Secs. 7489, 7490, R.C.M. 1921; Cal. Civ. C. Secs. 1581, 1582; Field Civ. C. Secs. 766, 767; re-en. Secs. 7489, 7490, R.C.M. 1935; R.C.M. 1947, 13-317, 13-318; amd. Sec. 15, Ch. 117, L. 1979; amd. Sec. 777, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-502. When consent is considered fully communicated

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.
History: En. Sec. 2128, Civ. C. 1895; re-en. Sec. 4989, Rev. C. 1907; re-en. Sec. 7491, R.C.M. 1921; Cal. Civ. C. Sec. 1583; Field Civ. C. Sec. 768; re-en. Sec. 7491, R.C.M. 1935; R.C.M. 1947, 13-319; amd. Sec. 16, Ch. 117, L. 1979; amd. Sec. 778, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-503. Implied acceptance

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.
History: En. Secs. 2129, 2134, Civ. C. 1895; re-en. Secs. 4990, 4995, Rev. C. 1907; re-en. Secs. 7492, 7497, R.C.M. 1921; Cal. Civ. C. Secs. 1584, 1589; Field Civ. C. Secs. 769, 774; re-en. Secs. 7492, 7497, R.C.M. 1935; R.C.M. 1947, 13-320, 13-325.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-504. Acceptance to be absolute

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.
History: En. Sec. 2130, Civ. C. 1895; re-en. Sec. 4991, Rev. C. 1907; re-en. Sec. 7493, R.C.M. 1921; Cal. Civ. C. Sec. 1585; Field Civ. C. Sec. 770; re-en. Sec. 7493, R.C.M. 1935; R.C.M. 1947, 13-321; amd. Sec. 17, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-511. When proposal may be revoked

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.
History: En. Sec. 2131, Civ. C. 1895; re-en. Sec. 4992, Rev. C. 1907; re-en. Sec. 7494, R.C.M. 1921; Cal. Civ. C. Sec. 1586; Field Civ. C. Sec. 771; re-en. Sec. 7494, R.C.M. 1935; R.C.M. 1947, 13-322.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 5. Communication of Consent -- Revocation of Proposal › 28-2-512. How proposal revoked

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.
History: En. Sec. 2132, Civ. C. 1895; re-en. Sec. 4993, Rev. C. 1907; re-en. Sec. 7495, R.C.M. 1921; Cal. Civ. C. Sec. 1587; Field Civ. C. Sec. 772; re-en. Sec. 7495, R.C.M. 1935; R.C.M. 1947, 13-323; amd. Sec. 18, Ch. 117, L. 1979; amd. Sec. 779, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 6. Object of a Contract › 28-2-601. Object of contract defined

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.
History: En. Sec. 2150, Civ. C. 1895; re-en. Sec. 4996, Rev. C. 1907; re-en. Sec. 7498, R.C.M. 1921; Cal. Civ. C. Sec. 1595; Field Civ. C. Sec. 775; re-en. Sec. 7498, R.C.M. 1935; R.C.M. 1947, 13-401.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 6. Object of a Contract › 28-2-602. Essential characteristics of object

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.
History: En. Secs. 2151, 2152, Civ. C. 1895; re-en. Secs. 4997, 4998, Rev. C. 1907; re-en. Secs. 7499, 7500, R.C.M. 1921; Cal. Civ. C. Secs. 1596, 1597; Field Civ. C. Secs. 776, 777; re-en. Secs. 7499, 7500, R.C.M. 1935; R.C.M. 1947, 13-402, 13-403.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 6. Object of a Contract › 28-2-603. When contract wholly void

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.
History: En. Sec. 2153, Civ. C. 1895; re-en. Sec. 4999, Rev. C. 1907; re-en. Sec. 7501, R.C.M. 1921; Cal. Civ. C. Sec. 1598; Field Civ. C. Sec. 778; re-en. Sec. 7501, R.C.M. 1935; R.C.M. 1947, 13-404.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 6. Object of a Contract › 28-2-604. When contract partially void

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.
History: En. Sec. 2154, Civ. C. 1895; re-en. Sec. 5000, Rev. C. 1907; re-en. Sec. 7502, R.C.M. 1921; Cal. Civ. C. Sec. 1599; Field Civ. C. Sec. 779; re-en. Sec. 7502, R.C.M. 1935; R.C.M. 1947, 13-405.