Montana § 27-1-415 Parties Who Cannot Be Compelled To Perform

Montana Statutes

§ 27-1-415 — Parties Who Cannot Be Compelled To Perform

Montana § 27-1-415

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 4Specific and Preventive Relief

This text of Montana § 27-1-415 (Parties Who Cannot Be Compelled To Perform) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-1-415 (2026).

Text

27-1-415 . Parties who cannot be compelled to perform. Specific performance cannot be enforced against a party to a contract in any of the following cases:

(1)if the party has not received an adequate consideration for the contract;

(2)if it is not, as to the party, just and reasonable;

(3)if the party's assent was obtained by the misrepresentations, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of the party that has not been substantially fulfilled; or

(4)if the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for and the c

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27-1-415 . Parties who cannot be compelled to perform. Specific performance cannot be enforced against a party to a contract in any of the following cases:
(1) if the party has not received an adequate consideration for the contract;
(2) if it is not, as to the party, just and reasonable;
(3) if the party's assent was obtained by the misrepresentations, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of the party that has not been substantially fulfilled; or
(4) if the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for and the contract specifically enforced in other respects if proper to be so enforced.

Legislative History

En. Sec. 4417, Civ. C. 1895; re-en. Sec. 6103, Rev. C. 1907; re-en. Sec. 8721, R.C.M. 1921; Cal. Civ. C. Sec. 3391; Field Civ. C. Sec. 1894; re-en. Sec. 8721, R.C.M. 1935; R.C.M. 1947, 17-808; amd. Sec. 571, Ch. 56, L. 2009.