Montana Statutes
§ 41-1-304 — When Minors May Disaffirm
41-1-304 . When minors may disaffirm.
(1)Except as provided in subsection (2), in all cases other than those specified by 41-1-303 , 41-1-305 , and 41-1-306 , the contract of a minor may, upon restoring the consideration to the party from whom it was received, be disaffirmed by the minor, either before the minor reaches majority or within a reasonable time afterwards, or, in case of the minor's death within that period, by the minor's heirs or personal representatives.
(2)A minor subject to the provisions of 31-1-115 is not required to restore any consideration received from the issuer of a credit card or similar loan advance access device that has not obtained the consent of the minor's parent or legal guardian before issuing the card or similar loan advance access device to the minor.
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Legislative History
En. Sec. 18, Civ. C. 1895; re-en. Sec. 3592, Rev. C. 1907; re-en. Sec. 5680, R.C.M. 1921; Cal. Civ. C. Sec. 35; Field Civ. C. Sec. 17; re-en. Sec. 5680, R.C.M. 1935; R.C.M. 1947, 64-107; amd. Sec. 1, Ch. 29, L. 1979; amd. Sec. 2, Ch. 21, L. 1997.
Nearby Sections
15
§ 41-1-101
Minors And Adults Defined§ 41-1-102
Periods Of Minority -- How Calculated§ 41-1-103
Unborn Children§ 41-1-202
Enforcement Of Minor's Rights§ 41-1-301
Delegation Of Power By Minors Forbidden§ 41-1-302
Contracts Of Minors -- Disaffirmance§ 41-1-304
When Minors May Disaffirm§ 41-1-401
Definitions§ 41-1-404
Financial Responsibility Of Minor