reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-415. Parties who cannot be compelled to perform

27-1-415. Parties who cannot be compelled to perform.
Specific performance cannot be enforced against a party to a contract in any of the following cases:
(1) if the party has not received an adequate consideration for the contract;
(2) if it is not, as to the party, just and reasonable;
(3) if the party's assent was obtained by the misrepresentations, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of the party that has not been substantially fulfilled; or
(4) if the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for and the contract specifically enforced in other respects if proper to be so enforced.
History: En. Sec. 4417, Civ. C. 1895; re-en. Sec. 6103, Rev. C. 1907; re-en. Sec. 8721, R.C.M. 1921; Cal. Civ. C. Sec. 3391; Field Civ. C. Sec. 1894; re-en. Sec. 8721, R.C.M. 1935; R.C.M. 1947, 17-808; amd. Sec. 571, 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 › 27-1-416. Parties who cannot obtain specific performance

27-1-416. Parties who cannot obtain specific performance.
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on that party's part to the obligation of the other party except when the nonperforming party's failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled upon full compensation being made for the default.
History: En. Sec. 4418, Civ. C. 1895; re-en. Sec. 6104, Rev. C. 1907; re-en. Sec. 8722, R.C.M. 1921; Cal. Civ. C. Sec. 3392; Field Civ. C. Sec. 1895; re-en. Sec. 8722, R.C.M. 1935; R.C.M. 1947, 17-809; amd. Sec. 572, 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 › 27-1-417. Specific performance by party who signed when other party did not sign contract

27-1-417. Specific performance by party who signed when other party did not sign contract.
A party who has signed a written contract may be compelled specifically to perform the contract, even though the other party has not signed the contract, if the latter has performed or offers to perform the contract and the case is otherwise proper for enforcing specific performance.
History: En. Sec. 4414, Civ. C. 1895; re-en. Sec. 6100, Rev. C. 1907; re-en. Sec. 8718, R.C.M. 1921; Cal. Civ. C. Sec. 3388; Field. Civ. C. Sec. 1891; re-en. Sec. 8718, R.C.M. 1935; R.C.M. 1947, 17-805; amd. Sec. 573, 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 › 27-1-418. Liquidation of damages not a bar to specific performance

27-1-418. Liquidation of damages not a bar to specific performance.
A contract otherwise proper to be specifically enforced may be thus enforced though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same.
History: En. Sec. 4415, Civ. C. 1895; re-en. Sec. 6101, Rev. C. 1907; re-en. Sec. 8719, R.C.M. 1921; Cal. Civ. C. Sec. 3389; Field Civ. C. Sec. 1892; re-en. Sec. 8719, R.C.M. 1935; R.C.M. 1947, 17-806.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property

27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property.
It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.
History: En. Sec. 4413, Civ. C. 1895; re-en. Sec. 6099, Rev. C. 1907; re-en. Sec. 8717, R.C.M. 1921; Cal. Civ. C. Sec. 3387; Field Civ. C. Sec. 1890; re-en. Sec. 8717, R.C.M. 1935; R.C.M. 1947, 17-804.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-420. No specific performance of agreement to buy property when title not clear

27-1-420. No specific performance of agreement to buy property when title not clear.
An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
History: En. Sec. 4420, Civ. C. 1895; re-en. Sec. 6106, Rev. C. 1907; re-en. Sec. 8724, R.C.M. 1921; Cal. Civ. C. Sec. 3394; Field Civ. C. Sec. 1897; re-en. Sec. 8724, R.C.M. 1935; R.C.M. 1947, 17-811.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-421. Compelling performance of successor in interest in title -- obligations respecting real property

27-1-421. Compelling performance of successor in interest in title -- obligations respecting real property.
Whenever an obligation in respect to real property would be specifically enforced against a particular person, the obligation may be in the same manner enforced against any other person claiming under the particular person by a title created subsequently to the obligation except a purchaser or encumbrancer in good faith and for value and except that any other person may be exonerated by conveying all of that person's estate to the person entitled to enforce the obligation.
History: En. Sec. 4421, Civ. C. 1895; re-en. Sec. 6107, Rev. C. 1907; re-en. Sec. 8725, R.C.M. 1921; Cal. Civ. C. Sec. 3395; Field Civ. C. Sec. 1898; re-en. Sec. 8725, R.C.M. 1935; R.C.M. 1947, 17-812; amd. Sec. 574, 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 › 27-1-431. Judgment for possession of or title to real property

27-1-431. Judgment for possession of or title to real property.
A person entitled to specific real property, by reason either of a perfected title or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by this code, either by a judgment for its possession to be executed by the sheriff or by a judgment requiring the other party to perfect the title and to deliver possession of the property.
History: En. Sec. 4390, Civ. C. 1895; re-en. Sec. 6093, Rev. C. 1907; re-en. Sec. 8711, R.C.M. 1921; Cal. Civ. C. Sec. 3375; Field. Civ. C. Sec. 1884; re-en. Sec. 8711, R.C.M. 1935; R.C.M. 1947, 17-705.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 4. Specific and Preventive Relief › 27-1-432. Judgment for delivery of personal property

27-1-432. Judgment for delivery of personal property.
A person entitled to the immediate possession of specific personal property may recover the property in the manner provided by this code. A person having the possession or control of a particular article of personal property of which the person is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession.
History: Ap. p. Sec. 4400, Civ. C. 1895; re-en. Sec. 6094, Rev. C. 1907; re-en. Sec. 8712, R.C.M. 1921; Cal. Civ. C. Sec. 3379; Field Civ. C. Sec. 1885; re-en. Sec. 8712, R.C.M. 1935; Sec. 17-706, R.C.M. 1947; Ap. p. Sec. 4401, Civ. C. 1895; re-en. Sec. 6095, Rev. C. 1907; re-en. Sec. 8713, R.C.M. 1921; Cal. Civ. C. Sec. 3380; Based on Field Civ. C. Sec. 1886; re-en. Sec. 8713, R.C.M. 1935; Sec. 17-707, R.C.M. 1947; R.C.M. 1947, 17-706, 17-707; amd. Sec. 575, 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 › 27-1-433. Cancellation of written instrument

27-1-433. Cancellation of written instrument.
(1) A written instrument in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable may, upon that person's application, be adjudged and ordered to be delivered up or canceled.
(2) An instrument the invalidity of which is apparent upon its face or upon the face of another instrument that is necessary to the use of the former instrument in evidence is not to be considered capable of causing injury within the provisions of subsection (1).
(3) When an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue.
History: (1)En. Sec. 4450, Civ. C. 1895; re-en. Sec. 6115, Rev. C. 1907; re-en. Sec. 8733, R.C.M. 1921; Cal. Civ. C. Sec. 3412; Field Civ. C. Sec. 1906; re-en. Sec. 8733, R.C.M. 1935; Sec. 17-1001, R.C.M. 1947; (2)En. Sec. 4451, Civ. C. 1895; re-en. Sec. 6116, Rev. C. 1907; re-en. Sec. 8734, R.C.M. 1921; Cal. Civ. C. Sec. 3413; Field Civ. C. Sec. 1907; re-en. Sec. 8734, R.C.M. 1935; Sec. 17-1002, R.C.M. 1947; (3)En. Sec. 4452, Civ. C. 1895; re-en. Sec. 6117, Rev. C. 1907; re-en. Sec. 8735, R.C.M. 1921; Cal. Civ. C. Sec. 3414; Field Civ. C. Sec. 1908; re-en. Sec. 8735, R.C.M. 1935; Sec. 17-1003, R.C.M. 1947; R.C.M. 1947, 17-1001, 17-1002, 17-1003; amd. Sec. 576, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest

27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest.
(1) An action, cause of action, or defense does not abate because of the death or disability of a party or the transfer of any interest in the action or defense, but whenever the cause of action or defense arose in favor of the party prior to the party's death or disability or transfer of interest, the action or defense survives and may be maintained by the party's representatives or successors in interest. If the action has not been begun or defense interposed, the action may be begun or defense interposed in the name of the party's representatives or successors in interest. If the action has been begun or defense interposed, the action or proceeding may be continued as provided in Rule 25, M.R.Civ.P.
(2) Actions brought under 27-1-513 and this section must be combined in one legal action, and any element of damages may be recovered only once.
History: En. Sec. 16, p. 45, Bannack Stat.; re-en. Sec. 16, p. 137, L. 1867; re-en. Sec. 16, p. 29, Cod. Stat. 1871; amd. Sec. 22, p. 43, L. 1877; re-en. Sec. 22, 1st Div. Rev. Stat. 1879; en. Sec. 1, p. 98, L. 1883; re-en. Sec. 22, 1st Div. Comp. Stat. 1887; amd. Sec. 587, C. Civ. Proc. 1895; re-en. Sec. 6494, Rev. C. 1907; re-en. Sec. 9086, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 385; re-en. Sec. 9086, R.C.M. 1935; repealed Sec. 84, Ch. 13, L. 1961; reinstated Sec. 2, Ch. 14, L. 1963; R.C.M. 1947, 93-2824; amd. Sec. 7, Ch. 12, L. 1979; amd. Sec. 2, Ch. 449, L. 1987; amd. Sec. 577, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-502. Survival of counterclaim -- death or assignment

27-1-502. Survival of counterclaim -- death or assignment.
When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal each other and neither can be deprived of the benefit thereof by the assignment or death of the other.
History: En. Sec. 48, p. 52, Bannack Stat.; re-en. Sec. 48, p. 143, L. 1867; re-en. Sec. 58, p. 39, Cod. Stat. 1871; re-en. Sec. 89, p. 61, L. 1877; re-en. Sec. 89, 1st Div. Rev. Stat. 1879; re-en. Sec. 91, 1st Div. Comp. Stat. 1887; amd. Sec. 698, C. Civ. Proc. 1895; re-en. Sec. 6548, Rev. C. 1907; re-en. Sec. 9145, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 440; re-en. Sec. 9145, R.C.M. 1935; R.C.M. 1947, 93-3409.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-503. What defenses to action survive assignment of right to action

27-1-503. What defenses to action survive assignment of right to action.
In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff or other defense existing at the time of or before notice of the assignment, but this section shall apply only to the extent not otherwise provided for in the Uniform Commercial Code.
History: En. Sec. 5, p. 44, Bannack Stat.; re-en. Sec. 5, p. 136, L. 1867; re-en. Sec. 5, p. 28, Cod. Stat. 1871; re-en. Sec. 5, p. 40, L. 1877; re-en. Sec. 5, 1st Div. Rev. Stat. 1879; re-en. Sec. 5, 1st Div. Comp. Stat. 1887; re-en. Sec. 571, C. Civ. Proc. 1895; re-en. Sec. 6478, Rev. C. 1907; re-en. Sec. 9068, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 368; re-en. Sec. 9068, R.C.M. 1935; amd. Sec. 11-157, Ch. 264, L. 1963; R.C.M. 1947, 93-2802.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-511. Right of minor to bring civil action or other proceeding

27-1-511. Right of minor to bring civil action or other proceeding.
A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as a person of full age except that a guardian shall conduct the the action or proceedings.
History: En. Sec. 25, Civ. C. 1895; re-en. Sec. 3599, Rev. C. 1907; re-en. Sec. 5687, R.C.M. 1921; Cal. Civ. C. Sec. 42; Field Civ. C. Sec. 25; re-en. Sec. 5687, R.C.M. 1935; R.C.M. 1947, 64-114; amd. Sec. 578, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-512. Action by parent or guardian for injury to child or ward

27-1-512. Action by parent or guardian for injury to child or ward.
Either parent may maintain an action for the injury to a minor child and a guardian for injury to a ward when the injury is caused by the wrongful act or neglect of another. The action may be maintained against the person causing the injury or, if the person is employed by another person who is responsible for the causing person's conduct, also against the other responsible person.
History: En. Sec. 11, p. 44, Bannack Stat.; amd. Sec. 11, p. 136, L. 1867; re-en. Sec. 11, p. 29, Cod. Stat. 1871; re-en. Sec. 13, p. 42, L. 1877; re-en. Sec. 13, 1st Div. Rev. Stat. 1879; re-en. Sec. 13, 1st Div. Comp. Stat. 1887; amd. Sec. 578, C. Civ. Proc. 1895; re-en. Sec. 6485, Rev. C. 1907; re-en. Sec. 9075, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 376; re-en. Sec. 9075, R.C.M. 1935; amd. Sec. 52, Ch. 535, L. 1975; R.C.M. 1947, 93-2809; amd. Sec. 3, Ch. 449, L. 1987; amd. Sec. 579, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-513. Action for wrongful death

27-1-513. Action for wrongful death.
When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may maintain an action for damages against the person causing the death or, if the person is employed by another person who is responsible for the causing person's conduct, then also against the other responsible person.
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. 4, Ch. 449, L. 1987; amd. Sec. 580, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-514. Who may sue for whose seduction

27-1-514. Who may sue for whose seduction.
(1) The rights of personal relations forbid the seduction of a spouse, child, orphan, or servant.
(2) Either parent may prosecute as plaintiff for the seduction of the child and the guardian for the seduction of the ward, though the child or ward is not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service.
(3) An unmarried person may prosecute as plaintiff an action for the person's own seduction and may recover damages, pecuniary or exemplary, that are assessed in the person's favor.
History: (1)En. Sec. 35, Civ. C. 1895; re-en. Sec. 3605, Rev. C. 1907; re-en. Sec. 5693, R.C.M. 1921; Cal. Civ. C. Sec. 49; Field Civ. C. Sec. 32; re-en. Sec. 5693, R.C.M. 1935; amd. Sec. 30, Ch. 535, L. 1975; Sec. 64-209, R.C.M. 1947; (2)En. Sec. 12, p. 41, L. 1877; re-en. Sec. 12, 1st Div. Rev. Stat. 1879; re-en. Sec. 12, 1st Div. Comp. Stat. 1887; re-en. Sec. 577, C. Civ. Proc. 1895; re-en. Sec. 6484, Rev. C. 1907; re-en. Sec. 9074, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 375; re-en. Sec. 9074, R.C.M. 1935; amd. Sec. 51, Ch. 535, L. 1975; Sec. 92-2808, R.C.M. 1947; (3)En. Sec. 11, p. 41, L. 1877; re-en. Sec. 11, 1st Div. Rev. Stat. 1879; re-en. Sec. 11, 1st Div. Comp. Stat. 1887; re-en. Sec. 576, C. Civ. Proc. 1895; re-en. Sec. 6483, Rev. C. 1907; re-en. Sec. 9073, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 374; re-en. Sec. 9073, R.C.M. 1935; amd. Sec. 50, Ch. 535, L. 1975; Sec. 93-2807, R.C.M. 1947; R.C.M. 1947, 64-209(3), 93-2807, 93-2808; amd. Sec. 581, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-515. Protection of personal relations -- abduction

27-1-515. Protection of personal relations -- abduction.
The rights of personal relations forbid:
(1) the abduction of a parent from a child;
(2) the abduction or enticement of a wife from the wife's husband or a husband from the husband's wife, of a child from a parent or from a guardian entitled to the child's custody, or of a servant from a master.
History: En. Sec. 35, Civ. C. 1895; re-en. Sec. 3605, Rev. C. 1907; re-en. Sec. 5693, R.C.M. 1921; Cal. Civ. C. Sec. 49; Field Civ. C. Sec. 32; re-en. Sec. 5693, R.C.M. 1935; amd. Sec. 30, Ch. 535, L. 1975; R.C.M. 1947, 64-209(1), (2); amd. Sec. 582, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-516. Injury to servant

27-1-516. Injury to servant.
The rights of personal relations forbid any injury to a servant which affects the servant's ability to serve the master.
History: En. Sec. 35, Civ. C. 1895; re-en. Sec. 3605, Rev. C. 1907; re-en. Sec. 5693, R.C.M. 1921; Cal. Civ. C. Sec. 49; Field Civ. C. Sec. 32; re-en. Sec. 5693, R.C.M. 1935; amd. Sec. 30, Ch. 535, L. 1975; R.C.M. 1947, 64-209(4).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-520. Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance

27-1-520. Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance.
A person who loses a competitive bid on a construction contract may maintain an action for damages against a successful bidder if the successful bidder does not pay standard prevailing wages on a contract where payment of the standard prevailing wage rate is required by Title 18, chapter 2, part 4, does not contribute to the state unemployment insurance fund, as required by 39-51-1103, or does not pay workers' compensation premiums, as required by 39-71-401. If the bids are sealed or for any other reason kept confidential, the person who solicited the bids shall, on request by a bidder who indicates an intent to sue under this section, inform the bidder of the identity of the next lowest valid bidder after the successful bidder. Upon proof that payment by the successful bidder of standard prevailing wages, workers' compensation premiums, and contributions to the state unemployment insurance fund for the job would have increased the successful bidder's bid amount in excess of the plaintiff's bid, the plaintiff may recover damages. The measure of damages is the same as provided in 27-1-311, except that the total amount assessed against the successful bidder by all litigants may not exceed 10% of the successful bidder's bid.
History: En. Sec. 1, Ch. 478, L. 1991.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 5. Right to Bring Action or Assert Defense › 27-1-521. Private right of action

27-1-521. Private right of action.
(1) A minor who attends a performance in violation of 45-8-118 or 20-7-135 may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance. The minor's parent or legal guardian may bring an action in the name of the minor for an action commenced under this section.
(2) If a person prevails in an action brought under this section, the court shall award:
(a) actual damages, including damages for psychological, emotional, economic, and physical harm;
(b) reasonable attorney fees and costs incurred in bringing the action; and
(c) statutory damages of $5,000.
(3) A person may bring an action under this section not later than 10 years from the date the cause of action accrues.
History: En. Sec. 4, Ch. 719, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-601. Cause of action for alienation of affections abolished

27-1-601. Cause of action for alienation of affections abolished.
All civil causes of action for alienation of affections of husband or wife are hereby abolished.
History: En. Sec. 1, Ch. 200, L. 1963; R.C.M. 1947, 17-1201(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-602. Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved

27-1-602. Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved.
All causes of action for breach of contract to marry are hereby abolished. However, where a plaintiff has suffered actual damage due to fraud or deceit or a defendant has been unjustly enriched, the plaintiff may maintain an action for fraud or deceit or unjust enrichment and recover therein only the actual damage proved or for the benefit wrongfully obtained or restitution of property wrongfully withheld where such action otherwise is maintainable under existing law.
History: En. Sec. 2, Ch. 200, L. 1963; R.C.M. 1947, 17-1202.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-603. Acts within Montana not to give rise to abolished cause of action

27-1-603. Acts within Montana not to give rise to abolished cause of action.
No act done within this state after July 1, 1963, shall operate to give rise, either within or without this state, to any of the causes of action abolished by this part. No contract to marry which shall be made within this state after July 1, 1963, shall operate to give rise, either within or without this state, to any cause of action for breach thereof. It is the intention of this part to fix the effect, status, and character of such acts and contracts and to render them ineffective to support or give rise to any such causes of action within or without this state.
History: En. Sec. 3, Ch. 200, L. 1963; R.C.M. 1947, 17-1203.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-604. Litigation and threat of litigation prohibited

27-1-604. Litigation and threat of litigation prohibited.
Effective July 1, 1963, it shall be unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court in this state any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this part, whether such cause of action arose within or without this state.
History: En. Sec. 4, Ch. 200, L. 1963; R.C.M. 1947, 17-1204.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-605. Agreements settling or compromising abolished causes of action

27-1-605. Agreements settling or compromising abolished causes of action.
(1) All contracts and instruments of every kind which, after July 1, 1963, may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part, whether such claim or cause of action arose within or without this state, are hereby declared to be contrary to the public policy of this state and absolutely void.
(2) It shall be unlawful to:
(a) cause, induce, or procure any person to execute such a contract or instrument;
(b) cause, induce, or procure any person to give, pay, transfer, or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action;
(c) receive, take, or accept any such money or thing of value in such payment, satisfaction, settlement, or compromise; or
(d) commence or cause to be commenced, either as litigant or attorney, in any court of this state any proceeding or action seeking to enforce or recover upon any such contract or instrument knowing it to be such, whether the same shall have been executed within or without this state.
(3) However, this section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this part or any contracts or instruments heretofore executed or to the bona fide holder in due course of any negotiable instrument which may be executed after July 1, 1963.
History: En. Sec. 5, Ch. 200, L. 1963; R.C.M. 1947, 17-1205.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 6. Abolition of Certain Causes of Action › 27-1-606. Criminal penalty

27-1-606. Criminal penalty.
Any person who violates any of the provisions of this part is punishable upon conviction therefor by a fine of not less than $100 or more than $1,000 or imprisonment for a term of not less than 1 year or more than 5 years, in the discretion of the court.
History: En. Sec. 6, Ch. 200, L. 1963; R.C.M. 1947, 17-1206; amd. Sec. 8, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-701. Liability for negligence as well as willful acts

27-1-701. Liability for negligence as well as willful acts.
Except as otherwise provided by law, each person is responsible not only for the results of the person's willful acts but also for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or person except so far as the person has willfully or by want of ordinary care brought the injury upon the person.
History: En. Sec. 2296, Civ. C. 1895; re-en. Sec. 5077, Rev. C. 1907; re-en. Sec. 7579, R.C.M. 1921; Cal. Civ. C. Sec. 1714; Based on Field Civ. C. Sec. 853; re-en. Sec. 7579, R.C.M. 1935; R.C.M. 1947, 58-607; amd. Sec. 9, Ch. 12, L. 1979; amd. Sec. 2, Ch. 209, L. 1987; amd. Sec. 2, Ch. 397, L. 1987; amd. Sec. 2, Ch. 437, L. 1987; amd. Sec. 7, Ch. 440, L. 1987; amd. Sec. 2, Ch. 508, L. 1987; amd. Sec. 3, Ch. 516, L. 1987; amd. Sec. 583, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-702. Comparative negligence -- extent to which contributory negligence bars recovery in action for damages

27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages.
Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
27-1-702. (Effective on occurrence of contingency) Comparative fault -- extent to which contributory fault bars recovery in action for damages.
Contributory fault does not bar recovery in an action by a person or a person's legal representative to recover tort damages for death of a person or injury to a person or property if the contributory fault was not greater than the fault of the defendant or the combined fault of all defendants and nonparties, but damages allowed must be diminished in proportion to the percentage of fault attributable to the person recovering.
History: En. 58-607.1 by Sec. 1, Ch. 60, L. 1975; R.C.M. 1947, 58-607.1; amd. Sec. 1, Ch. 505, L. 1987; amd. Sec. 2, Ch. 293, L. 1997; amd. Sec. 4, Ch. 429, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-704. Release -- covenant not to sue

27-1-704. Release -- covenant not to sue.
A release or covenant not to sue given to one of two or more persons liable in tort for the same injury, death, damage, or loss:
(1) does not discharge any other tortfeasor from liability for that tortfeasor's several pro rata share of liability for the injury, death, damage, or loss unless the release or covenant not to sue provides otherwise;
(2) reduces the aggregate claim against the other tortfeasors to the extent of any percentage of fault attributed by the trier of fact under 27-1-703 to the tortfeasor to whom the release or covenant is given;
(3) discharges the tortfeasor to whom it is given from all liability for contribution.
History: En. Sec. 1, Ch. 293, L. 1997; amd. Sec. 63, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-706. Effect of a release or covenant not to sue

27-1-706. (Effective on occurrence of contingency) Effect of a release or covenant not to sue.
A release or covenant not to sue given to one of two or more persons potentially liable in tort for the same injury, death, damage, or loss:
(1) does not discharge any of the other persons from liability for the person's several pro rata share of liability unless the terms of the release or covenant provide for a discharge of liability;
(2) reduces the aggregate claim against the other persons to the extent of any percentage of fault found by the trier of fact under 27-1-705 to be attributable to the person to whom the release or covenant was given; and
(3) discharges the person to whom it was given from all liability for contribution.
History: En. Sec. 2, Ch. 429, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-708. Liability of landowner to trespasser

27-1-708. Liability of landowner to trespasser.
(1) Except as provided in subsection (2):
(a) a landowner owes a trespasser no duty of care with respect to the condition of the property;
(b) a trespasser enters or remains on the trespassed property without any assurance that the property is safe for any purpose.
(2) (a) A landowner may be liable to a trespasser for an injury to person or property for an act or omission that constitutes willful or wanton misconduct.
(b) This section does not affect any immunities from or defense to civil liability established by another section of the Montana Code Annotated or available at common law to which a landowner may be entitled.
(3) As used in this section, the following definitions apply:
(a) "Landowner" means a person or private entity, including a landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, and person or entities in control of the property or with an agreement to use or occupy the property.
(b) "Property" means privately owned real property of any kind. The term includes any improvements, buildings, structures, machinery, and equipment on the property.
History: En. Sec. 1, Ch. 306, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken

27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken.
(1) The owner or possessor of personal property that is stolen is not liable in the absence of gross negligence for injury or damage arising out of the use of the property while the property is possessed by another. The owner of real property that is criminally misused by another without the owner's knowledge is not liable in the absence of gross negligence for injury or damage arising out of the misuse. This section includes property taken by theft, robbery, or burglary directly from the person's body or from a place of residence, tent or other recreational structure, or motor vehicle or boat that is owned, possessed, or used by the person owning or possessing the property.
(2) This section does not modify, amend, or eliminate the doctrines of negligence per se or attractive nuisance.
History: En. Sec. 1, Ch. 400, L. 1997.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages

27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages.
A minor or person of unsound mind is civilly liable for a wrong done by that person but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that it was wrongful.
History: En. Sec. 24, Civ. C. 1895; re-en. Sec. 3598, Rev. C. 1907; re-en. Sec. 5686, R.C.M. 1921; Cal. Civ. C. Sec. 41; re-en. Sec. 5686, R.C.M. 1935; R.C.M. 1947, 64-113; amd. Sec. 584, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-712. Liability for damages for deceit

27-1-712. Liability for damages for deceit.
(1) One who willfully deceives another with intent to induce that person to alter the person's position to the person's injury or risk is liable for any damage that the person suffers.
(2) A deceit, within the meaning of subsection (1), is either:
(a) the suggestion as a fact of that which is not true by one who does not believe it to be true;
(b) the assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;
(c) the suppression of a fact by one who is bound to disclose it or who gives information of other facts that are likely to mislead for want of communication of that fact; or
(d) a promise made without any intention of performing it.
(3) One who practices a deceit with intent to defraud the public or a particular class of persons is considered to have intended to defraud every individual in that class who is actually misled by the deceit.
History: (1)En. Sec. 2291, Civ. C. 1895; re-en. Sec. 5072, Rev. C. 1907; re-en. Sec. 7574, R.C.M. 1921; Cal. Civ. C. Sec. 1709; Field Civ. C. Sec. 848; re-en. Sec. 7574, R.C.M. 1935; Sec. 58-602, R.C.M. 1947; (2)En. Sec. 2292, Civ. C. 1895; re-en. Sec. 5073, Rev. C. 1907; re-en. Sec. 7575, R.C.M. 1921; Cal. Civ. C. Sec. 1710; Field Civ. C. Sec. 849; re-en. Sec. 7575, R.C.M. 1935; Sec. 58-603, R.C.M. 1947; (3)En. Sec. 2293, Civ. C. 1895; re-en. Sec. 5074, Rev. C. 1907; re-en. Sec. 7576, R.C.M. 1921; Cal. Civ. C. Sec. 1711; Field Civ. C. Sec. 850; re-en. Sec. 7576, R.C.M. 1935; Sec. 58-604, R.C.M. 1947; R.C.M. 1947, 58-602, 58-603, 58-604; amd. Sec. 585, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-713. Duty to restore thing wrongfully acquired or retained

27-1-713. Duty to restore thing wrongfully acquired or retained.
One who obtains a thing without the consent of its owner, by a consent later rescinded, or by an unlawful exaction that the owner could not at the time prudently refuse shall restore the thing to the person from whom it was obtained unless the person has acquired a title to the thing superior to that of the other person or unless the transaction was corrupt and unlawful on both sides. The restoration required by this section must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until the party has notice of the mistake.
History: Ap. p. Sec. 2294, Civ. C. 1895; re-en. Sec. 5075, Rev. C. 1907; re-en. Sec. 7577, R.C.M. 1921; Cal. Civ. C. Sec. 1712; Field Civ. C. Sec. 851; re-en. Sec. 7577, R.C.M. 1935; Sec. 58-605, R.C.M. 1947; Ap. p. Sec. 2295, Civ. C. 1895; re-en. Sec. 5076, Rev. C. 1907; re-en. Sec. 7578, R.C.M. 1921; Cal. Civ. C. Sec. 1713; Field Civ. C. Sec. 852; re-en. Sec. 7578, R.C.M. 1935; Sec. 58-606, R.C.M. 1947; R.C.M. 1947, 58-605, 58-606; amd. Sec. 586, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency

27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency.
(1) Any person licensed as a physician and surgeon under the laws of the state of Montana, any volunteer firefighter or officer of any nonprofit volunteer fire company, any search and rescue volunteer, or any other person who in good faith renders emergency care or assistance without compensation except as provided in subsection (2) at the scene of an emergency or accident is not liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by the person in rendering the emergency care or assistance.
(2) Subsection (1) includes:
(a) a person properly trained under the laws of this state who operates an ambulance to and from the scene of an emergency or renders emergency medical treatment on a volunteer basis so long as the total reimbursement received for the volunteer services does not exceed 25% of the person's gross annual income or $3,000 a calendar year, whichever is greater. Reimbursement for search and rescue expenses is not compensation for purposes of this section.
(b) a member of the army national guard or air national guard acting in an official capacity.
(3) If a nonprofit subscription fire company refuses to fight a fire on nonsubscriber property, the refusal does not constitute gross negligence or a willful or wanton act or omission.
History: En. Sec. 1, Ch. 93, L. 1963; R.C.M. 1947, 17-410; amd. Sec. 1, Ch. 390, L. 1979; amd. Sec. 1, Ch. 330, L. 1985; amd. Sec. 1, Ch. 133, L. 1987; amd. Sec. 587, Ch. 56, L. 2009; amd. Sec. 1, Ch. 103, L. 2017; amd. Sec. 1, Ch. 241, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-715. Liability of owner of vicious dog

27-1-715. Liability of owner of vicious dog.
(1) The owner of a dog that without provocation bites a person while the person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, located within an incorporated city or town is liable for damages that may be suffered by the person bitten regardless of the former viciousness of the dog or the owner's knowledge of the viciousness.
(2) A person is lawfully upon the private property of the owner within the meaning of this section when the person is on the property in the performance of any duty imposed upon the person by the laws of this state or by the laws or postal regulations of the United States of America or when the person is on the property as an invitee or licensee of the person lawfully in possession of the property.
History: En. Sec. 1, Ch. 113, L. 1943; R.C.M. 1947, 17-409; amd. Sec. 588, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-716. Immunity of persons donating food for free distribution

27-1-716. Immunity of persons donating food for free distribution.
(1) As used in this section, the following definitions apply:
(a) "Canned food" means any food that has been commercially processed and prepared for human consumption.
(b) "Donor" means any processor, distributor, wholesaler, or retailer of perishable or canned foods or farmer or individual who donates food for free distribution.
(c) "Gleaner" means a person who harvests for free distribution perishable food that has been donated by the owner.
(d) "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. Perishable food includes but is not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruit and vegetables, grains, and foods that have been refrigerated or frozen.
(2) Notwithstanding any other provision of law:
(a) a good faith donor of any canned or perishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution or a gleaner of perishable food, apparently fit for human consumption, for free distribution is not subject to any criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by gross negligence or intentional misconduct of the donor or gleaner;
(b) a bona fide charitable or nonprofit organization that in good faith receives food, apparently fit for human consumption, and distributes it at no charge is not subject to any criminal penalty or civil damages resulting from the condition of the food unless an injury is caused by gross negligence or intentional misconduct of the organization.
(3) Immunity under this section extends to the good faith donation of canned or perishable foods that, while apparently fit for human consumption, are not readily marketable due to appearance, grade, surplus, or other considerations, as well as to those foods that are readily marketable.
(4) If the ultimate distributor charges any fee for the food received from a donor or gleaner, such fact shall not deprive the donor or gleaner of the immunity provided under this section.
(5) This section does not restrict the authority of any lawful agency to inspect, regulate, or ban the use of donated food for human consumption.
History: En. Sec. 1, Ch. 259, L. 1981.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 7. Liability › 27-1-718. Civil penalty for shoplifting

27-1-718. Civil penalty for shoplifting.
(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any store or other mercantile establishment without the consent of the owner or seller and with the intention of converting the goods to the taker's own use without having paid the purchase price of the goods is liable to the owner or seller for a penalty, whether or not the goods have been returned undamaged, in the amount of the greater of $100 or the retail value of the goods, not to exceed $1,000. This amount is in addition to actual damages.
(2) When an unemancipated minor takes possession of any goods, wares, or merchandise displayed or offered for sale by any store or other mercantile establishment without the consent of the owner or seller and with the intention of converting the goods to the minor's own use without having paid the purchase price of the goods, the minor's parent or legal guardian having custody of the minor is liable to the owner or seller for a penalty, whether or not the goods have been returned undamaged, equal to the greater of $100 or the retail value of the goods, not to exceed $1,000. For the purposes of this subsection (2), liability may not be imposed upon any governmental or private agency that has been assigned responsibility for the minor child pursuant to court order or action of the department of corrections or the department of public health and human services.
(3) Judgments and claims arising under this section may be assigned.
(4) A conviction for violation of 45-6-301 is not a condition precedent to maintenance of a civil action under this section.
(5) For purposes of this section, the term "emancipated minor" means a person under 18 years of age who is self-supporting from personal earnings or is married. A person who received more than 25% of the cost of support from any person other than an agency of the government may not be considered an emancipated minor.
History: En. Sec. 1, Ch. 506, L. 1985; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 1, Ch. 739, L. 1991; amd. Sec. 79, Ch. 546, L. 1995; amd. Sec. 133, Ch. 42, L. 1997; amd. Sec. 3, Ch. 135, L. 1997; amd. Sec. 1, Ch. 397, L. 1999.