Montana Statutes
§ 28-11-202 — Liability Under Guaranty Of Incomplete Contract
Montana § 28-11-202
JurisdictionMontana
Title 28CONTRACTS AND OTHER OBLIGATIONS
Ch. 11GUARANTY, INDEMNITY, AND SURETYSHIP
Part 2Guaranty -- Liability and Exoneration of Guarantor
This text of Montana § 28-11-202 (Liability Under Guaranty Of Incomplete Contract) 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. § 28-11-202 (2026).
Text
28-11-202 . Liability under guaranty of incomplete contract. In a guaranty of a contract the terms of which are not then settled, it is implied that the guaranty's terms will not expose the guarantor to greater risks than the guarantor would incur under those terms that are most common in similar contracts at the place where the principal contract is to be performed.
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Legislative History
En. Sec. 3620, Civ. C. 1895; re-en. Sec. 5662, Rev. C. 1907; re-en. Sec. 8177, R.C.M. 1921; Cal. Civ. C. Sec. 2799; Field. Civ. C. Sec. 1540; re-en. Sec. 8177, R.C.M. 1935; R.C.M. 1947, 30-107; amd. Sec. 820, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-11-101
Guaranty Defined§ 28-11-103
When Separate Consideration Required§ 28-11-104
Guaranty Generally To Be In Writing -- Form§ 28-11-107
When Guaranty Considered Unconditional§ 28-11-207
Through 28-11-210 ReservedCite This Page — Counsel Stack
Bluebook (online)
Montana § 28-11-202, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/11/28-11-202.