Montana § 28-2-402 What Constitutes Duress

Montana Statutes

§ 28-2-402 — What Constitutes Duress

Montana § 28-2-402

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

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Bluebook

Mont. Code Ann. § 28-2-402 (2026).

Text

28-2-402 . What constitutes duress. Duress consists in:

(1)unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;

(2)unlawful detention of the property of any such person; or

(3)confinement of such person, lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive.

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28-2-402 . What constitutes duress. Duress consists in:
(1) unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;
(2) unlawful detention of the property of any such person; or
(3) confinement of such person, lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive.

Legislative History

En. Sec. 2114, Civ. C. 1895; re-en. Sec. 4975, Rev. C. 1907; re-en. Sec. 7477, R.C.M. 1921; Cal. Civ. C. Sec. 1569; Field Civ. C. Sec. 754; re-en. Sec. 7477, R.C.M. 1935; R.C.M. 1947, 13-305.