Montana Statutes
§ 28-1-1602 — What Claims Survive General Release
Montana § 28-1-1602
JurisdictionMontana
Title 28CONTRACTS AND OTHER OBLIGATIONS
Ch. 1OBLIGATIONS IN GENERAL
Part 16Release of Debtor by Creditor
This text of Montana § 28-1-1602 (What Claims Survive General Release) 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. § 28-1-1602 (2026).
Text
28-1-1602 . What claims survive general release. A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.
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Legislative History
En. Sec. 2081, Civ. C. 1895; re-en. Sec. 4963, Rev. C. 1907; re-en. Sec. 7465, R.C.M. 1921; Cal. Civ. C. Sec. 1542; Based on Field Civ. C. Sec. 742; re-en. Sec. 7465, R.C.M. 1935; R.C.M. 1947, 58-510; amd. Sec. 767, 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 -- WaiverCite This Page — Counsel Stack
Bluebook (online)
Montana § 28-1-1602, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/1/28-1-1602.