Montana § 27-1-416 Parties Who Cannot Obtain Specific Performance

Montana Statutes

§ 27-1-416 — Parties Who Cannot Obtain Specific Performance

Montana § 27-1-416

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 1AVAILABILITY OF REMEDIES -- LIABILITY

Part 4Specific and Preventive Relief

This text of Montana § 27-1-416 (Parties Who Cannot Obtain Specific Performance) 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. § 27-1-416 (2026).

Text

27-1-416 . Parties who cannot obtain specific performance. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on that party's part to the obligation of the other party except when the nonperforming party's failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled upon full compensation being made for the default.

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27-1-416 . Parties who cannot obtain specific performance. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on that party's part to the obligation of the other party except when the nonperforming party's failure to perform is only partial and either entirely immaterial or capable of being fully compensated, in which case specific performance may be compelled upon full compensation being made for the default.

Legislative History

En. Sec. 4418, Civ. C. 1895; re-en. Sec. 6104, Rev. C. 1907; re-en. Sec. 8722, R.C.M. 1921; Cal. Civ. C. Sec. 3392; Field Civ. C. Sec. 1895; re-en. Sec. 8722, R.C.M. 1935; R.C.M. 1947, 17-809; amd. Sec. 572, Ch. 56, L. 2009.