Montana Statutes
§ 28-2-402 — What Constitutes Duress
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 4 Circumstances Which Affect Validity of Apparent Consent
28-2-402 . What constitutes duress. Duress consists in:
(1)unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;
(2)unlawful detention of the property of any such person; or
(3)confinement of such person, lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive.
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Legislative History
En. Sec. 2114, Civ. C. 1895; re-en. Sec. 4975, Rev. C. 1907; re-en. Sec. 7477, R.C.M. 1921; Cal. Civ. C. Sec. 1569; Field Civ. C. Sec. 754; re-en. Sec. 7477, R.C.M. 1935; R.C.M. 1947, 13-305.
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