Montana § 27-1-713 Duty To Restore Thing Wrongfully Acquired Or Retained

Montana Statutes

§ 27-1-713 — Duty To Restore Thing Wrongfully Acquired Or Retained

Montana § 27-1-713

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 7Liability

This text of Montana § 27-1-713 (Duty To Restore Thing Wrongfully Acquired Or Retained) 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. § 27-1-713 (2026).

Text

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 One who obtains a thing without the consent of its owner, by a consent later rescinded, or by an unlawful exaction that the owner could not at the time prudently refuse shall restore the thing to the person from whom it was obtained unless the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.

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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 One who obtains a thing without the consent of its owner, by a consent later rescinded, or by an unlawful exaction that the owner could not at the time prudently refuse shall restore the thing to the person from whom it was obtained unless the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.

Legislative 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.