Montana § 28-2-410 What Constitutes Mistake Of Law

Montana Statutes

§ 28-2-410 — What Constitutes Mistake Of Law

Montana § 28-2-410

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

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Bluebook

Mont. Code Ann. § 28-2-410 (2026).

Text

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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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.

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.