Montana Statutes
§ 28-10-501 — When Agent May Delegate Powers
28-10-501 . When agent may delegate powers. An agent, unless specially forbidden by the principal to do so, can delegate the agent's powers to another person in any of the following cases and in no others:
(1)when the act to be done is purely mechanical;
(2)when the agent cannot and the subagent can lawfully perform the act;
(3)when it is the usage of the place to delegate the powers; or
(4)when the delegation is specially authorized by the principal.
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Legislative History
En. Sec. 3140, Civ. C. 1895; re-en. Sec. 5456, Rev. C. 1907; re-en. Sec. 7971, R.C.M. 1921; Cal. Civ. C. Sec. 2349; Field Civ. C. Sec. 1259; re-en. Sec. 7971, R.C.M. 1935; R.C.M. 1947, 2-301; amd. Sec. 803, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-10-101
Definitions Of Agent And Agency§ 28-10-102
General Versus Special Agents§ 28-10-105
What Acts Agent May Perform§ 28-10-201
How Agency May Be Created§ 28-10-202
Consideration Unnecessary§ 28-10-203
When Written Authorization Necessary§ 28-10-204
Through 28-10-210 Reserved§ 28-10-211
How Agent's Act Ratified§ 28-10-213
Ratification Not To Prejudice Third Persons§ 28-10-214
When Ratification Void§ 28-10-215
When Ratification May Be Rescinded§ 28-10-301
Agent Not To Exceed Actual Authority