Montana Statutes
§ 28-1-1303 — Effect When Performance Prevented By Other Causes
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 13 Prevention of Performance
28-1-1303 . Effect when performance prevented by other causes. If full performance of an obligation is prevented by any cause excusing performance other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which the debtor would have been entitled upon full performance, according to the benefit that the creditor receives from the actual performance.
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Legislative History
En. Sec. 2052, Civ. C. 1895; re-en. Sec. 4952, Rev. C. 1907; re-en. Sec. 7454, R.C.M. 1921; Cal. Civ. C. Sec. 1514; re-en. Sec. 7454, R.C.M. 1935; R.C.M. 1947, 58-431; amd. Sec. 10, Ch. 117, L. 1979; amd. Sec. 764, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-1-1002
When Burden Of Obligation May Be Transferred§ 28-1-101
Definitions§ 28-1-102
How Obligations Arise§ 28-1-104
Relief From Forfeiture§ 28-1-1101
Extinction Of Obligation By Full Performance§ 28-1-1102
Performance By One Of Several Joint Debtors§ 28-1-1107
Through 28-1-1110 Reserved§ 28-1-1112
Objections To Tender -- Waiver