Montana § 27-1-704 Release -- Covenant Not To Sue

Montana Statutes

§ 27-1-704 — Release -- Covenant Not To Sue

Montana § 27-1-704

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 7Liability

This text of Montana § 27-1-704 (Release -- Covenant Not To Sue) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-1-704 (2026).

Text

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.

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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.