Montana Statutes
§ 28-1-1602 — What Claims Survive General Release
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 16 Release of Debtor by Creditor
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 -- Waiver