Montana § 28-2-721 When Provision Fixing Liquidated Damages Valid

Montana Statutes

§ 28-2-721 — When Provision Fixing Liquidated Damages Valid

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 7 Illegal Objects and Provisions

28-2-721 . When provision fixing liquidated damages valid.

(1)Every contract by which the amount of damage to be paid or other compensation to be made for a breach of an obligation is determined in anticipation thereof is to that extent void, except as expressly provided in subsection (2).

(2)The parties to a contract may agree therein upon an amount which shall be presumed to be an amount of damage sustained by a breach thereof when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.

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28-2-721 . When provision fixing liquidated damages valid. (1) Every contract by which the amount of damage to be paid or other compensation to be made for a breach of an obligation is determined in anticipation thereof is to that extent void, except as expressly provided in subsection (2).
(2) The parties to a contract may agree therein upon an amount which shall be presumed to be an amount of damage sustained by a breach thereof when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.

Montana § 28-2-721 (When Provision Fixing Liquidated Damages Valid) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Secs. 2243, 2244, Civ. C. 1895; re-en. Secs. 5054, 5055, Rev. C. 1907; re-en. Secs. 7556, 7557, R.C.M. 1921; Cal. Civ. C. Secs. 1670, 1671; Field Civ. C. Secs. 830, 831; re-en. Secs. 7556, 7557, R.C.M. 1935; R.C.M. 1947, 13-804, 13-805.