reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-701. What is unlawful

28-2-701. What is unlawful.
That is not lawful which is:
(1) contrary to an express provision of law;
(2) contrary to the policy of express law, though not expressly prohibited; or
(3) otherwise contrary to good morals.
History: En. Sec. 2240, Civ. C. 1895; re-en. Sec. 5051, Rev. C. 1907; re-en. Sec. 7553, R.C.M. 1921; Cal. Civ. C. Sec. 1667; Field Civ. C. Sec. 827; re-en. Sec. 7553, R.C.M. 1935; R.C.M. 1947, 13-801.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-702. Contracts that violate policy of law -- exemption from responsibility -- exception

28-2-702. Contracts that violate policy of law -- exemption from responsibility -- exception.
Except as provided in 27-1-753, all contracts that have for their object, directly or indirectly, to exempt anyone from responsibility for the person's own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent, are against the policy of the law.
History: En. Sec. 2241, Civ. C. 1895; re-en. Sec. 5052, Rev. C. 1907; re-en. Sec. 7554, R.C.M. 1921; Cal. Civ. C. Sec. 1668; Field Civ. C. Sec. 828; re-en. Sec. 7554, R.C.M. 1935; R.C.M. 1947, 13-802; amd. Sec. 780, Ch. 56, L. 2009; amd. Sec. 2, Ch. 410, L. 2015.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-703. Contracts in restraint of trade generally void

28-2-703. Contracts in restraint of trade generally void.
Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705, is to that extent void.
History: En. Sec. 2246, Civ. C. 1895; re-en. Sec. 5057, Rev. C. 1907; re-en. Sec. 7559, R.C.M. 1921; Cal. Civ. C. Sec. 1673; Field Civ. C. Sec. 833; re-en. Sec. 7559, R.C.M. 1935; R.C.M. 1947, 13-807.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-704. Exception -- sale of goodwill of business

28-2-704. Exception -- sale of goodwill of business.
(1) A person who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within the areas provided in subsection (2) so long as the buyer or any person deriving title to the goodwill from the buyer carries on a like business in the described areas.
(2) The agreement authorized in subsection (1) may apply in:
(a) the city where the principal office of the business is located;
(b) the county where the principal office of the business is located;
(c) a city in any county adjacent to the county in which the principal office of the business is located;
(d) any county adjacent to the county in which the principal office of the business is located; or
(e) any combination of the areas in subsections (2)(a) through (2)(d).
History: En. Sec. 2247, Civ. C. 1895; re-en. Sec. 5058, Rev. C. 1907; re-en. Sec. 7560, R.C.M. 1921; Cal. Civ. C. Sec. 1674; Field Civ. C. Sec. 834; re-en. Sec. 7560, R.C.M. 1935; R.C.M. 1947, 13-808; amd. Sec. 1, Ch. 432, L. 1983; amd. Sec. 781, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-705. Exception -- dissolution of partnership

28-2-705. Exception -- dissolution of partnership.
Partners may, upon dissolution of the partnership, agree that one or more of them may not carry on a similar business within the areas provided in 28-2-704(2).
History: En. Sec. 2248, Civ. C. 1895; re-en. Sec. 5059, Rev. C. 1907; re-en. Sec. 7561, R.C.M. 1921; Cal. Civ. C. Sec. 1675; Field Civ. C. Sec. 835; re-en. Sec. 7561, R.C.M. 1935; R.C.M. 1947, 13-809; amd. Sec. 2, Ch. 432, L. 1983.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-706. Contracts in restraint of marriage generally void

28-2-706. Contracts in restraint of marriage generally void.
Every contract in restraint of the marriage of any person other than a minor is void.
History: En. Sec. 2249, Civ. C. 1895; re-en. Sec. 5060, Rev. C. 1907; re-en. Sec. 7562, R.C.M. 1921; Cal. Civ. C. Sec. 1676; Field Civ. C. Sec. 836; re-en. Sec. 7562, R.C.M. 1935; R.C.M. 1947, 13-810.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-707. What conditions void

28-2-707. What conditions void.
A condition in a contract the fulfillment of which is impossible or unlawful within the meaning of part 6 and this part or which is repugnant to the nature of the interest created by the contract is void.
History: En. Sec. 1957, Civ. C. 1895; re-en. Sec. 4905, Rev. C. 1907; re-en. Sec. 7407, R.C.M. 1921; Cal. Civ. C. Sec. 1441; Field Civ. C. Sec. 683; re-en. Sec. 7407, R.C.M. 1935; R.C.M. 1947, 58-211; amd. Sec. 19, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-708. Restraints upon legal proceedings void

28-2-708. Restraints upon legal proceedings void.
Every stipulation or condition in a contract by which any party to the contract is restricted from enforcing the party's rights under the contract by the usual proceedings in the ordinary tribunals or that limits the time within which the party may enforce the party's rights is void. This section does not affect the validity of an agreement enforceable under Title 27, chapter 5.
History: En. Sec. 2245, Civ. C. 1895; re-en. Sec. 5056, Rev. C. 1907; re-en. Sec. 7558, R.C.M. 1921; Field Civ. C. Sec. 832; re-en. Sec. 7558, R.C.M. 1935; R.C.M. 1947, 13-806; amd. Sec. 24, Ch. 684, L. 1985; amd. Sec. 782, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-709. Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default

28-2-709. Illegality of agreement to allow another person to confess judgment, accept service of process, or accept default.
(1) A contract in writing by which any promise to pay money is created may not contain any provision either empowering any person to enter judgment by confession against any party to the contract or empowering any person as the agent of any party to the contract to either confess judgment, accept service of process, or consent on behalf of the party to the entry of the party's default in any proceeding in court upon the contract. The described provision in a contract is illegal and void and is unenforceable in the courts of this state against any party to the contract.
(2) The term "contract", as used in this section, includes all writings executed contemporaneously with and constituting a part of the same transaction, whether the writings are negotiable or nonnegotiable in form.
History: En. Sec. 1, Ch. 197, L. 1935; re-en. Sec. 7562.1, R.C.M. 1935; R.C.M. 1947, 13-811; amd. Sec. 783, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-710. Compromise and settlement of civil claims -- negotiation

28-2-710. Compromise and settlement of civil claims -- negotiation.
(1) Except as provided in subsection (2), a party in a settlement negotiation may not demand, as a condition of settlement, that the settlement proceeds are classified as a specific category of damage that does not accurately describe the specific damages at issue.
(2) The parties may stipulate that any damages may be classified as any category of damages. The stipulation must be included in the settlement agreement.
History: En. Sec. 1, Ch. 273, L. 2023.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-721. When provision fixing liquidated damages valid

28-2-721. When provision fixing liquidated damages valid.
(1) Every contract by which the amount of damage to be paid or other compensation to be made for a breach of an obligation is determined in anticipation thereof is to that extent void, except as expressly provided in subsection (2).
(2) The parties to a contract may agree therein upon an amount which shall be presumed to be an amount of damage sustained by a breach thereof when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
History: En. Secs. 2243, 2244, Civ. C. 1895; re-en. Secs. 5054, 5055, Rev. C. 1907; re-en. Secs. 7556, 7557, R.C.M. 1921; Cal. Civ. C. Secs. 1670, 1671; Field Civ. C. Secs. 830, 831; re-en. Secs. 7556, 7557, R.C.M. 1935; R.C.M. 1947, 13-804, 13-805.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-722. Repealed

28-2-722. Repealed.
Sec. 1, Ch. 166, L. 2005.
History: En. Sec. 2675, Civ. C. 1895; re-en. Sec. 5258, Rev. C. 1907; re-en. Sec. 7773, R.C.M. 1921; Cal. Civ. C. Sec. 1980; Field Civ. C. Sec. 1013; re-en. Sec. 7773, R.C.M. 1935; R.C.M. 1947, 41-206; amd. Sec. 20, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-723. Construction contracts requiring lien or bond waiver void

28-2-723. Construction contracts requiring lien or bond waiver void.
A construction contract may not contain provisions requiring a contractor, subcontractor, or material supplier to waive the right to a construction lien or a right to a claim against a payment bond before the contractor, subcontractor, or material supplier has been paid for the labor, materials, or both labor and materials, furnished by the contractor, subcontractor, or material supplier.
History: En. Sec. 1, Ch. 119, L. 1999.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 7. Illegal Objects and Provisions › 28-2-724. Prohibition of contracts that restrict practice -- applicability -- exceptions

28-2-724. Prohibition of contracts that restrict practice -- applicability -- exceptions.
(1) A contract that creates or establishes the terms of employment, a partnership, or any other form of professional relationship with a health care provider described in subsection (2), may not restrict the right of the health care provider to:
(a) practice or provide services for which the provider is licensed, in any geographic area and for any period, after the termination of the employment, partnership, or other form of professional relationship;
(b) treat, advise, consult with, or establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship; or
(c) solicit or seek to establish a provider-patient relationship with any current patient of the employer or with a patient affiliated with a partnership or other form of professional relationship.
(2) The requirements of subsection (1) apply to contracts or agreements involving the following health care providers:
(a) a psychiatrist or addiction medicine physician licensed under Title 37, chapter 3;
(b) a psychologist licensed under Title 37, chapter 17;
(c) a social worker licensed under Title 37, chapter 22;
(d) a professional counselor licensed under Title 37, chapter 23;
(e) an addiction counselor licensed under Title 37, chapter 35;
(f) a marriage and family therapist licensed under Title 37, chapter 37; and
(g) a behavioral health peer support specialist licensed under Title 37, chapter 38.
(3) This section does not apply to a contract in connection with the sale and purchase of a practice.
History: En. Sec. 1, Ch. 479, L. 2023.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-801. What constitutes good consideration

28-2-801. What constitutes good consideration.
Any benefit conferred or agreed to be conferred upon the promisor by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered or agreed to be suffered by the person, other than prejudice that the person is at the time of consent lawfully bound to suffer, as an inducement to the promisor is a good consideration for a promise.
History: En. Sec. 2160, Civ. C. 1895; re-en. Sec. 5001, Rev. C. 1907; re-en. Sec. 7503, R.C.M. 1921; Cal. Civ. C. Sec. 1605; Field Civ. C. Sec. 780; re-en. Sec. 7503, R.C.M. 1935; R.C.M. 1947, 13-501; amd. Sec. 784, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-802. Extent to which existing legal or moral obligation is good consideration

28-2-802. Extent to which existing legal or moral obligation is good consideration.
An existing legal obligation resting upon the promisor, a moral obligation originating in some benefit conferred upon the promisor, or prejudice suffered by the promisee is also a good consideration for a promise to an extent corresponding with the extent of the obligation, but no further or otherwise.
History: En. Sec. 2161, Civ. C. 1895; re-en. Sec. 5002, Rev. C. 1907; re-en. Sec. 7504, R.C.M. 1921; Cal. Civ. C. Sec. 1606; Field Civ. C. Sec. 781; re-en. Sec. 7504, R.C.M. 1935; R.C.M. 1947, 13-502.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-803. Consideration to be lawful -- effect of illegality

28-2-803. Consideration to be lawful -- effect of illegality.
The consideration of a contract must be lawful within the meaning of 28-2-701. If any part of a single consideration for one or more objects or of several considerations for a single object is unlawful, the entire contract is void.
History: En. Secs. 2162, 2163, Civ. C. 1895; re-en. Secs. 5003, 5004, Rev. C. 1907; re-en. Secs. 7505, 7506, R.C.M. 1921; Cal. Civ. C. Secs. 1607, 1608; Field Civ. C. Secs. 782, 783; re-en. Sec. 7505, 7506, R.C.M. 1935; R.C.M. 1947, 13-503, 13-504.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-804. Written instrument presumptive evidence of consideration

28-2-804. Written instrument presumptive evidence of consideration.
A written instrument is presumptive evidence of a consideration.
History: En. Sec. 2169, Civ. C. 1895; re-en. Sec. 5010, Rev. C. 1907; re-en. Sec. 7512, R.C.M. 1921; Cal. Civ. C. Sec. 1614; re-en. Sec. 7512, R.C.M. 1935; R.C.M. 1947, 13-510.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-805. Burden of proof of want of consideration

28-2-805. Burden of proof of want of consideration.
The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
History: En. Sec. 2170, Civ. C. 1895; re-en. Sec. 5011, Rev. C. 1907; re-en. Sec. 7513, R.C.M. 1921; Cal. Civ. C. Sec. 1615; re-en. Sec. 7513, R.C.M. 1935; R.C.M. 1947, 13-511.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-811. Applicability of rules concerning object to executory consideration

28-2-811. Applicability of rules concerning object to executory consideration.
A consideration may be executed or executory, in whole or in part. Insofar as it is executory, it is subject to the provisions of part 6 of this chapter.
History: En. Sec. 2164, Civ. C. 1895; re-en. Sec. 5005, Rev. C. 1907; re-en. Sec. 7507, R.C.M. 1921; Cal. Civ. C. Sec. 1609; Field Civ. C. Sec. 784; re-en. Sec. 7507, R.C.M. 1935; R.C.M. 1947, 13-505.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-812. How amount of executory consideration may be determined

28-2-812. How amount of executory consideration may be determined.
When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person or regulated by any specified standard.
History: En. Sec. 2165, Civ. C. 1895; re-en. Sec. 5006, Rev. C. 1907; re-en. Sec. 7508, R.C.M. 1921; Cal. Civ. C. Sec. 1610; Field Civ. C. Sec. 785; re-en. Sec. 7508, R.C.M. 1935; R.C.M. 1947, 13-506.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-813. Determination by interested party

28-2-813. Determination by interested party.
When a contract does not determine the amount of the consideration or the method by which it is to be ascertained or when it leaves the amount thereof to the discretion of an interested party, the consideration must be so much money as the object of the contract is reasonably worth.
History: En. Sec. 2166, Civ. C. 1895; re-en. Sec. 5007, Rev. C. 1907; re-en. Sec. 7509, R.C.M. 1921; Cal. Civ. C. Sec. 1611; Field Civ. C. Sec. 786; re-en. Sec. 7509, R.C.M. 1935; R.C.M. 1947, 13-507.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 8. Consideration › 28-2-814. Effect of impossibility of designated exclusive method of determination

28-2-814. Effect of impossibility of designated exclusive method of determination.
(1) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.
(2) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.
History: En. Secs. 2167, 2168, Civ. C. 1895; re-en. Secs. 5008, 5009, Rev. C. 1907; re-en. Secs. 7510, 7511, R.C.M. 1921; Cal. Civ. C. Secs. 1612, 1613; Field Civ. C. Secs. 787, 788; re-en. Secs. 7510, 7511, R.C.M. 1935; R.C.M. 1947, 13-508, 13-509.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-901. When contracts may be oral

28-2-901. When contracts may be oral.
All contracts may be oral except such as are specially required by statute to be in writing.
History: En. Sec. 2183, Civ. C. 1895; re-en. Sec. 5015, Rev. C. 1907; re-en. Sec. 7517, R.C.M. 1921; Cal. Civ. C. Sec. 1622; Field Civ. C. Sec. 792; re-en. Sec. 7517, R.C.M. 1935; R.C.M. 1947, 13-604.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-902. Enforcement of contract not in writing through fraud

28-2-902. Enforcement of contract not in writing through fraud.
Where a contract that is required by law to be in writing is prevented from being put into writing by the fraud of a party to the contract, any other party who is by the fraud led to believe that the contract is in writing and acts upon that belief to the party's prejudice may enforce it against the fraudulent party.
History: En. Sec. 2184, Civ. C. 1895; re-en. Sec. 5016, Rev. C. 1907; re-en. Sec. 7518, R.C.M. 1921; Cal. Civ. C. Sec. 1623; Field Civ. C. Sec. 793; re-en. Sec. 7518, R.C.M. 1935; R.C.M. 1947, 13-605; amd. Sec. 785, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-903. What contracts must be in writing

28-2-903. What contracts must be in writing.
(1) The following agreements are invalid unless the agreement or some note or memorandum of the agreement is in writing and subscribed by the party to be charged or the party's agent:
(a) an agreement that by its terms is not to be performed within a year from the making of the agreement;
(b) a special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in 28-11-105;
(c) an agreement made upon consideration of marriage other than a mutual promise to marry;
(d) an agreement for the leasing for a longer period than 1 year or for the sale of real property or of an interest in real property. The agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing and subscribed by the party sought to be charged.
(e) an agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission.
(2) Evidence of an agreement described in subsections (1)(a) through (1)(d) is not admissible without the writing or secondary evidence of the writing's contents.
(3) Evidence is not admissible to charge a person upon a representation as to the credit of a third person unless the representation or some memorandum of the representation is in writing and either subscribed by or in the handwriting of the party to be charged.
(4) Subsections (1) and (2) do not apply to agreements subject to the Uniform Commercial Code.
History: (1)Subds. a to c; en. Secs. 12 to 14, p. 494, Bannack Stat.; re-en. Secs. 12 to 14, pp. 393, 394, Cod. Stat. 1871; re-en. Secs. 166 to 168, 5th Div. Rev. Stat. 1879; re-en. Secs. 223 to 225, 5th Div. Comp. Stat. 1887; amd. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; Subd. d; en. Sec. 8., p. 493, Bannack Stat.; re-en. Sec. 8, p. 393, Cod. Stat. 1871; re-en. Sec. 162, 5th Div. Rev. Stat. 1879; re-en. Sec. 219, 5th Div. Comp. Stat. 1887; amd. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; Subd. e; en. Sec. 2185, Civ. C. 1895; re-en. Sec. 5017, Rev. C. 1907; all subdivisions re-en. Sec. 7519, R.C.M. 1921; Cal. Civ. C. Sec. 1624; re-en. Sec. 7519, R.C.M. 1935; amd. Sec. 11-110, Ch. 264, L. 1963; Sec. 13-606, R.C.M. 1947; (2), (4)En. Sec. 3276, C. Civ. Proc. 1895; re-en. Sec. 7969, Rev. C. 1907; re-en. Sec. 10613, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1973; re-en. Sec. 10613, R.C.M. 1935; amd. Sec. 11-171, Ch. 264, L. 1963; Sec. 93-1401-7, R.C.M. 1947; (3)En. Sec. 3277, C. Civ. Proc. 1895; re-en. Sec. 7970, Rev. C. 1907; re-en. Sec. 10614, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1974; re-en. Sec. 10614, R.C.M. 1935; Sec. 93-1401-8, R.C.M. 1947; R.C.M. 1947, 13-606, 93-1401-7, 93-1401-8; amd. Sec. 21, Ch. 117, L. 1979; amd. Sec. 786, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-904. Effect of written contract on oral agreements

28-2-904. Effect of written contract on oral agreements.
The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
History: En. Sec. 2186, Civ. C. 1895; re-en. Sec. 5018, Rev. C. 1907; re-en. Sec. 7520, R.C.M. 1921; Cal. Civ. C. Sec. 1625; Field Civ. C. Sec. 795; re-en. Sec. 7520, R.C.M. 1935; R.C.M. 1947, 13-607.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-905. When extrinsic evidence concerning a written agreement may be considered

28-2-905. When extrinsic evidence concerning a written agreement may be considered.
(1) Whenever the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms. Therefore, there can be between the parties and their representatives or successors in interest no evidence of the terms of the agreement other than the contents of the writing except in the following cases:
(a) when a mistake or imperfection of the writing is put in issue by the pleadings;
(b) when the validity of the agreement is the fact in dispute.
(2) This section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as described in 1-4-102, or other evidence to explain an extrinsic ambiguity or to establish illegality or fraud.
(3) The term "agreement", for the purposes of this section, includes deeds and wills as well as contracts between parties.
History: En. Sec. 610, p. 198, L. 1877; re-en. Sec. 610, 1st Div. Rev. Stat. 1879; re-en. Sec. 628, 1st Div. Comp. Stat. 1887; re-en. Sec. 3132, C. Civ. Proc. 1895; re-en. Sec. 7873, Rev. C. 1907; re-en. Sec. 10517, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1856; re-en. Sec. 10517, R.C.M. 1935; R.C.M. 1947, 93-401-13; amd. Sec. 22, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-906. When written contract takes effect

28-2-906. When written contract takes effect.
A contract in writing takes effect upon its delivery to the party in whose favor it is made or to the party's agent.
History: En. Sec. 2187, Civ. C. 1895; re-en. Sec. 5019, Rev. C. 1907; re-en. Sec. 7521, R.C.M. 1921; Cal. Civ. C. Sec. 1626; Field Civ. C. Sec. 796; re-en. Sec. 7521, R.C.M. 1935; R.C.M. 1947, 13-608; amd. Sec. 787, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 9. Written Contracts › 28-2-907. Applicability of rules concerning transfers in general

28-2-907. Applicability of rules concerning transfers in general.
The provisions of Title 70, chapter 1, part 5, and 70-20-110 concerning the delivery of grants, absolute and conditional, apply to all written contracts.
History: En. Sec. 2188, Civ. C. 1895; re-en. Sec. 5020, Rev. C. 1907; re-en. Sec. 7522, R.C.M. 1921; Cal. Civ. C. Sec. 1627; Field Civ. C. Sec. 797; re-en. Sec. 7522, R.C.M. 1935; R.C.M. 1947, 13-609.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 15. Enforcement of Contracts › 28-2-1501. When successive actions on same contract permitted

28-2-1501. When successive actions on same contract permitted.
Successive actions may be maintained upon the same contract or transaction whenever after the former action a new cause of action arises therefrom.
History: En. Sec. 426, p. 130, Bannack Stat.; re-en. Sec. 496, p. 232, L. 1867; re-en. Sec. 20, p. 30, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 1893, C. Civ. Proc. 1895; re-en. Sec. 7186, Rev. C. 1907; re-en. Sec. 9819, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1047; re-en. Sec. 9819, R.C.M. 1935; R.C.M. 1947, 93-8704.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1601. Alteration of oral contract by parties

28-2-1601. Alteration of oral contract by parties.
A contract not in writing may be altered in any respect by consent of the parties in writing without a new consideration and is extinguished thereby to the extent of the new alteration.
History: En. Sec. 2280, Civ. C. 1895; re-en. Sec. 5066, Rev. C. 1907; re-en. Sec. 7568, R.C.M. 1921; Cal. Civ. C. Sec. 1697; Based on Field Civ. C. Sec. 842; re-en. Sec. 7568, R.C.M. 1935; R.C.M. 1947, 13-906.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1602. How written contract may be altered by parties

28-2-1602. How written contract may be altered by parties.
A contract in writing may be altered by a contract in writing or by an executed oral agreement, and not otherwise.
History: En. Sec. 2281, Civ. C. 1895; re-en. Sec. 5067, Rev. C. 1907; re-en. Sec. 7569, R.C.M. 1921; Cal. Civ. C. Sec. 1698; re-en. Sec. 7569, R.C.M. 1935; R.C.M. 1947, 13-907.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1611. When written contract may be revised by court

28-2-1611. When written contract may be revised by court.
When, through fraud or a mutual mistake of the parties or a mistake of one party while the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons in good faith and for value.
History: En. Sec. 4430, Civ. C. 1895; re-en. Sec. 6108, Rev. C. 1907; re-en. Sec. 8726, R.C.M. 1921; Cal. Civ. C. Sec. 3399; Field Civ. C. Sec. 1899; re-en. Sec. 8726, R.C.M. 1935; R.C.M. 1947, 17-901.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1612. Presumption that parties intended equitable agreement

28-2-1612. Presumption that parties intended equitable agreement.
For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
History: En. Sec. 4431, Civ. C. 1895; re-en. Sec. 6109, Rev. C. 1907; re-en. Sec. 8727, R.C.M. 1921; Cal. Civ. C. Sec. 3400; Field Civ. C. Sec. 1900; re-en. Sec. 8727, R.C.M. 1935; R.C.M. 1947, 17-902.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1613. Scope of court's inquiry

28-2-1613. Scope of court's inquiry.
In revising a written instrument, the court may inquire what the instrument was intended to mean and what were intended to be its legal consequences and is not confined to the inquiry what the language of the instrument was intended to be.
History: En. Sec. 4432, Civ. C. 1895; re-en. Sec. 6110, Rev. C. 1907; re-en. Sec. 8728, R.C.M. 1921; Cal. Civ. C. Sec. 3401; Field Civ. C. Sec. 1901; re-en. Sec. 8728, R.C.M. 1935; R.C.M. 1947, 17-903.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 16. Modification of Contracts › 28-2-1614. Specific enforcement of revised contract

28-2-1614. Specific enforcement of revised contract.
A contract may be first revised and then specifically enforced.
History: En. Sec. 4433, Civ. C. 1895; re-en. Sec. 6111, Rev. C. 1907; re-en. Sec. 8729, R.C.M. 1921; Cal. Civ. C. Sec. 3402; Field Civ. C. Sec. 1902; re-en. Sec. 8729, R.C.M. 1935; R.C.M. 1947, 17-904.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1701. How contract extinguished

28-2-1701. How contract extinguished.
(1) A contract may be extinguished in the same manner as any other obligation and also in the manner prescribed by part 16 and this part.
(2) A contract is extinguished by its rescission.
History: (1)En. Sec. 2260, Civ. C. 1895; re-en. Sec. 5061, Rev. C. 1907; re-en. Sec. 7563, R.C.M. 1921; Cal. Civ. C. Sec. 1682; re-en. Sec. 7563, R.C.M. 1935; Sec. 13-901, R.C.M. 1947; (2)En. Sec. 2270, Civ. C. 1895; re-en. Sec. 5062, Rev. C. 1907; re-en. Sec. 7564, R.C.M. 1921; Cal. Civ. C. Sec. 1688; Field Civ. C. Sec. 838; re-en. Sec. 7564, R.C.M. 1935; Sec. 13-902, R.C.M. 1947; R.C.M. 1947, 13-901, 13-902; amd. Sec. 23, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1702. Extinction of written contract by destruction or cancellation

28-2-1702. Extinction of written contract by destruction or cancellation.
The destruction or cancellation of a written contract or of the signature of the parties liable thereon with intent to extinguish the obligation thereof extinguishes it as to all the parties consenting to the act.
History: En. Sec. 2282, Civ. C. 1895; re-en. Sec. 5068, Rev. C. 1907; re-en. Sec. 7570, R.C.M. 1921; Cal. Civ. C. Sec. 1699; re-en. Sec. 7570, R.C.M. 1935; R.C.M. 1947, 13-908.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1703. Extinction of executory obligations of contract by destruction, cancellation, or alteration

28-2-1703. Extinction of executory obligations of contract by destruction, cancellation, or alteration.
(1) The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under the contract or with the party's consent extinguishes all the executory obligations of the contract in that party's favor against parties who do not consent to the act.
(2) When a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of subsection (1).
History: En. Secs. 2283, 2284, Civ. C. 1895; re-en. Secs. 5069, 5070, Rev. C. 1907; re-en. Secs. 7571, 7572, R.C.M. 1921; Cal. Civ. C. Secs. 1700, 1701; Field Civ. C. Secs. 845, 846; re-en. Secs. 7571, 7572, R.C.M. 1935; R.C.M. 1947, 13-909, 13-910; amd. Sec. 788, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1711. When party may rescind

28-2-1711. When party may rescind.
A party to a contract may rescind the contract in the following cases only:
(1) if the consent of the party rescinding or of any party jointly contracting with the party rescinding was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with the connivance of the party as to whom the party rescinds or of any other party to the contract jointly interested with the party;
(2) if, through the fault of the party as to whom the other party rescinds, the consideration for the obligation of the party at fault fails in whole or in part;
(3) if the consideration becomes entirely void from any cause;
(4) if the consideration, before it is rendered to the rescinding party, fails in a material respect from any cause; or
(5) if all the other parties consent.
History: En. Sec. 2271, Civ. C. 1895; re-en. Sec. 5063, Rev. C. 1907; re-en. Sec. 7565, R.C.M. 1921; Cal. Civ. C. Sec. 1689; Field Civ. C. Sec. 839; re-en. Sec. 7565, R.C.M. 1935; R.C.M. 1947, 13-903; amd. Sec. 24, Ch. 117, L. 1979; amd. Sec. 789, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1712. When stipulation against rescission ineffective

28-2-1712. When stipulation against rescission ineffective.
A stipulation that errors of description shall not avoid a contract or shall be the subject of compensation, or both, does not take away the right of rescission for fraud or for mistake where such mistake is in a matter essential to the inducement of the contract and is not capable of exact and entire compensation.
History: En. Sec. 2272, Civ. C. 1895; re-en. Sec. 5064, Rev. C. 1907; re-en. Sec. 7566, R.C.M. 1921; Cal. Civ. C. Sec. 1690; Field Civ. C. Sec. 840; re-en. Sec. 7566, R.C.M. 1935; R.C.M. 1947, 13-904.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1713. How rescission accomplished

28-2-1713. How rescission accomplished.
Rescission, when not effected by consent, can be accomplished only by the use on the part of the party rescinding of reasonable diligence to comply with the following rules:
(1) The rescinding party shall rescind promptly upon discovering the facts that entitle the party to rescind if the party is free from duress, menace, undue influence, or disability and is aware of the right to rescind.
(2) The rescinding party shall restore to the other party everything of value that the rescinding party has received from the other party under the contract or shall offer to restore everything of value, upon condition that the other party shall do likewise, unless the other party is unable or positively refuses to do so.
History: En. Sec. 2273, Civ. C. 1895; re-en. Sec. 5065, Rev. C. 1907; re-en. Sec. 7567, R.C.M. 1921; Cal. Civ. C. Sec. 1691; Field Civ. C. Sec. 841; re-en. Sec. 7567, R.C.M. 1935; R.C.M. 1947, 13-905; amd. Sec. 790, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1714. When rescission may be adjudged

28-2-1714. When rescission may be adjudged.
The rescission of a written contract may be adjudged on the application of a party aggrieved:
(1) in any of the cases mentioned in 28-2-1711;
(2) where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or
(3) when the public interest will be prejudiced by permitting it to stand.
History: En. Sec. 4440, Civ. C. 1895; re-en. Sec. 6112, Rev. C. 1907; re-en. Sec. 8730, R.C.M. 1921; Cal. Civ. C. Sec. 3406; Field Civ. C. Sec. 1903; re-en. Sec. 8730, R.C.M. 1935; R.C.M. 1947, 17-905.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1715. When rescission may be adjudged for mistake

28-2-1715. When rescission may be adjudged for mistake.
Rescission cannot be adjudged for mere mistake unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made.
History: En. Sec. 4441, Civ. C. 1895; re-en. Sec. 6113, Rev. C. 1907; re-en. Sec. 8731, R.C.M. 1921; Cal. Civ. C. Sec. 3407; Field Civ. C. Sec. 1904; re-en. Sec. 8731, R.C.M. 1935; R.C.M. 1947, 17-906.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 17. Extinction of Contracts -- Rescission › 28-2-1716. Power of court to require party rescinding to do equity

28-2-1716. Power of court to require party rescinding to do equity.
On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation or restoration to the other which justice may require.
History: En. Sec. 4442, Civ. C. 1895; re-en. Sec. 6114, Rev. C. 1907; re-en. Sec. 8732, R.C.M. 1921; Cal. Civ. C. Sec. 3408; Field Civ. C. Sec. 1905; re-en. Sec. 8732, R.C.M. 1935; R.C.M. 1947, 17-907.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2101. Definitions

28-2-2101. Definitions.
As used in this part, unless the context requires otherwise, the following terms apply:
(1) "Construction contract" means a written agreement between an owner and a contractor for the contractor to construct or improve or to provide construction management for the construction or improvement of an improvement to real property.
(2) "Contractor" means a person who has signed a construction contract with an owner.
(3) "Government entity" means a city, town, county, consolidated municipal-county government, school district, or other special district.
(4) "Improve" means to build, alter, demolish, repair, construct, expand, cover, excavate, grade, fill, clear, plant, landscape, or furnish material or labor, or both for an improvement.
(5) "Improvement" means all or a part of a residential or commercial building, structure, area of real property, quantity of earth or fill material, tree or shrubbery, driveway, roadway, or parking area.
(6) "Owner" means a governmental entity or private entity that has a legal interest in the real property improved or to be improved by the performance of the construction contract. An owner may, in the contract, designate another person to represent the owner for the purpose of overseeing the performance of the construction contract and in handling administrative tasks respecting the construction contract.
(7) "Receipt" or "receive" means actual receipt.
(8) "Subcontract" means a contract between a contractor and a subcontractor or between a subcontractor and another subcontractor, the purpose of which is the performance of all or a part of the construction contract.
(9) "Subcontractor" means a person who has contracted with a contractor or another subcontractor for the purposes of performance of all or a part of a subcontract.
History: En. Sec. 3, Ch. 470, L. 1999; amd. Sec. 1, Ch. 274, L. 2003.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2102. Performance entitles contractor or subcontractor to payment

28-2-2102. Performance entitles contractor or subcontractor to payment.
(1) Performance by a contractor of a construction contract in accordance with the provisions of the contract entitles a contractor to payment from the owner.
(2) Performance by a subcontractor of a subcontract entitles the subcontractor to payment from the contractor.
History: En. Sec. 4, Ch. 470, L. 1999.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2104. Obligations upon delay of payment

28-2-2104. Obligations upon delay of payment.
(1) If a periodic or final payment that is required by a construction contract to be paid by an owner to a contractor is delayed by more than 30 days from the date the payment is required by the contract to be made, the owner shall pay to the contractor interest, beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If the contractor receives interest from the owner for a delayed payment by the owner, the contractor shall ensure that any interest accrued on a delayed payment is distributed by the contractor to subcontractors on a pro rata basis.
(2) If a periodic or final payment required by a subcontract to be paid by a contractor to a subcontractor is delayed for more than 30 days from the date the payment is required by the subcontract to be made, the contractor shall pay to the subcontractor interest beginning on the day following the date when the payment is due, at the rate of 1 1/2% a month or a pro rata fraction of that amount on the unpaid balance. If a subcontractor receives interest from the contractor for a delayed payment by the contractor, the subcontractor shall ensure that any interest accrued on the delayed payment is distributed by the subcontractor to other subcontractors, if any, on a pro rata basis.
(3) Acceptance of the final payment releases any claim for interest on the payment.
History: En. Sec. 6, Ch. 470, L. 1999; amd. Sec. 1, Ch. 244, L. 2005; amd. Sec. 1, Ch. 254, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2105. Prevailing party entitled to costs and attorney fees

28-2-2105. Prevailing party entitled to costs and attorney fees.
In a civil action on a contract to enforce an obligation imposed by this part, the prevailing party is entitled to reasonable attorney fees and costs, both for trial and appeal. If the parties to a construction contract or subcontract use arbitration, the arbitrator may award fees and costs as the arbitrator may determine.
History: En. Sec. 7, Ch. 470, L. 1999.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2106. Remedies not exclusive

28-2-2106. Remedies not exclusive.
The remedies provided by this part are not exclusive of any other remedy provided by law or contract.
History: En. Sec. 8, Ch. 470, L. 1999.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2107. Exception for certain residential dwellings

28-2-2107. Exception for certain residential dwellings.
The provisions of this part do not apply to residential projects or improvements to real property intended for residential purposes with a total cost of less than $400,000.
History: En. Sec. 9, Ch. 470, L. 1999; amd. Sec. 2, Ch. 364, L. 2001.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2110. Limit on retainage

28-2-2110. Limit on retainage.
(1) The maximum retainage applied to construction contracts subject to the provisions of this part may not exceed 5%.
(2) The retainage percentage withheld by an owner, as provided in subsection (1), from a construction contractor is the maximum retainage that a construction contractor may withhold from a subcontractor.
(3) Retainage must be released upon the final acceptance of each portion of work for which a separate price is stated in the construction contract.
History: En. Sec. 1, Ch. 364, L. 2001; amd. Sec. 2, Ch. 244, L. 2005.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2111. Construction contract indemnification provisions

28-2-2111. Construction contract indemnification provisions.
(1) Except as provided in subsections (2) and (3), a construction contract provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.
(2) A construction contract may contain a provision:
(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or
(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.
(3) This section does not apply to indemnity of a surety by a principal on a construction contract bond or to an insurer's obligation to its insureds.
(4) As used in this section, "construction contract" means an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including any agreement to supply labor, materials, or equipment for an improvement to real property.
History: En. Sec. 1, Ch. 305, L. 2003.