Montana § 28-2-409 What Constitutes Mistake Of Fact

Montana Statutes

§ 28-2-409 — What Constitutes Mistake Of Fact

Montana § 28-2-409

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

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Bluebook

Mont. Code Ann. § 28-2-409 (2026).

Text

28-2-409 . What constitutes mistake of fact. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:

(1)an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or

(2)belief in the present existence of a thing material to the contract which does not exist or in the past existence of such a thing which has not existed.

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28-2-409 . What constitutes mistake of fact. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake and consisting in:
(1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or
(2) belief in the present existence of a thing material to the contract which does not exist or in the past existence of such a thing which has not existed.

Legislative History

En. Sec. 2122, Civ. C. 1895; re-en. Sec. 4983, Rev. C. 1907; re-en. Sec. 7485, R.C.M. 1921; Cal. Civ. C. Sec. 1577; Field Civ. C. Sec. 762; re-en. Sec. 7485, R.C.M. 1935; R.C.M. 1947, 13-313.