Montana Statutes
§ 28-2-1712 — When Stipulation Against Rescission Ineffective
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 17 Extinction of Contracts -- Rescission
28-2-1712 . When stipulation against rescission ineffective. A stipulation that errors of description shall not avoid a contract or shall be the subject of compensation, or both, does not take away the right of rescission for fraud or for mistake where such mistake is in a matter essential to the inducement of the contract and is not capable of exact and entire compensation.
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Legislative History
En. Sec. 2272, Civ. C. 1895; re-en. Sec. 5064, Rev. C. 1907; re-en. Sec. 7566, R.C.M. 1921; Cal. Civ. C. Sec. 1690; Field Civ. C. Sec. 840; re-en. Sec. 7566, R.C.M. 1935; R.C.M. 1947, 13-904.
Nearby Sections
15
§ 28-2-101
Contract Defined§ 28-2-102
Essential Elements Of A Contract§ 28-2-103
Express Versus Implied Contracts§ 28-2-104
Executed Versus Executory Contracts§ 28-2-1601
Alteration Of Oral Contract By Parties§ 28-2-1603
Through 28-2-1610 Reserved§ 28-2-1613
Scope Of Court's Inquiry§ 28-2-1614
Specific Enforcement Of Revised Contract§ 28-2-1701
How Contract Extinguished