Montana Statutes
§ 28-10-405 — Implied Powers Of Agent
Montana § 28-10-405
This text of Montana § 28-10-405 (Implied Powers Of Agent) 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. § 28-10-405 (2026).
Text
28-10-405 . Implied powers of agent. An agent has authority to:
(1)do everything necessary and proper and usual, in the ordinary course of business, for effecting the purpose of the agency; and
(2)make a representation respecting any matter of fact, except the terms of the agent's authority, upon which the right to use the agent's authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
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Legislative History
En. Sec. 3095, Civ. C. 1895; re-en. Sec. 5434, Rev. C. 1907; re-en. Sec. 7949, R.C.M. 1921; Cal. Civ. C. Sec. 2319; Field Civ. C. Sec. 1237; re-en. Sec. 7949, R.C.M. 1935; R.C.M. 1947, 2-126; amd. Sec. 32, Ch. 117, L. 1979; amd. Sec. 799, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-10-101
Definitions Of Agent And Agency§ 28-10-102
General Versus Special Agents§ 28-10-105
What Acts Agent May Perform§ 28-10-201
How Agency May Be Created§ 28-10-202
Consideration Unnecessary§ 28-10-203
When Written Authorization Necessary§ 28-10-204
Through 28-10-210 Reserved§ 28-10-211
How Agent's Act Ratified§ 28-10-213
Ratification Not To Prejudice Third Persons§ 28-10-214
When Ratification Void§ 28-10-215
When Ratification May Be Rescinded§ 28-10-301
Agent Not To Exceed Actual AuthorityCite This Page — Counsel Stack
Bluebook (online)
Montana § 28-10-405, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/28-10-405.