Montana § 28-2-814 Effect Of Impossibility Of Designated Exclusive Method Of Determination

Montana Statutes

§ 28-2-814 — Effect Of Impossibility Of Designated Exclusive Method Of Determination

Montana § 28-2-814

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 8Consideration

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Bluebook

Mont. Code Ann. § 28-2-814 (2026).

Text

28-2-814 . Effect of impossibility of designated exclusive method of determination.

(1)Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.

(2)Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.

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28-2-814 . Effect of impossibility of designated exclusive method of determination. (1) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method is on its face impossible of execution, the entire contract is void.
(2) Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.

Legislative History

En. Secs. 2167, 2168, Civ. C. 1895; re-en. Secs. 5008, 5009, Rev. C. 1907; re-en. Secs. 7510, 7511, R.C.M. 1921; Cal. Civ. C. Secs. 1612, 1613; Field Civ. C. Secs. 787, 788; re-en. Secs. 7510, 7511, R.C.M. 1935; R.C.M. 1947, 13-508, 13-509.