Montana Statutes
§ 28-2-410 — What Constitutes Mistake Of Law
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 4 Circumstances Which Affect Validity of Apparent Consent
28-2-410 . What constitutes mistake of law. Mistake of law constitutes a mistake, within the meaning of this part, only when it arises from:
(1)a misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or
(2)a misapprehension of the law by one party of which the others are aware at the time of contracting but which they do not rectify.
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Legislative History
En. Sec. 2123, Civ. C. 1895; re-en. Sec. 4984, Rev. C. 1907; re-en. Sec. 7486, R.C.M. 1921; Cal. Civ. C. Sec. 1578; Field Civ. C. Sec. 763; re-en. Sec. 7486, R.C.M. 1935; R.C.M. 1947, 13-314.
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