Montana § 28-2-407 What Constitutes Undue Influence

Montana Statutes

§ 28-2-407 — What Constitutes Undue Influence

Montana § 28-2-407

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 4Circumstances Which Affect Validity of Apparent Consent

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Bluebook

Mont. Code Ann. § 28-2-407 (2026).

Text

28-2-407 . What constitutes undue influence. Undue influence consists of:

(1)the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person;

(2)taking an unfair advantage of another person's weakness of mind; or

(3)taking a grossly oppressive and unfair advantage of another person's necessities or distress.

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28-2-407 . What constitutes undue influence. Undue influence consists of:
(1) the use by one in whom a confidence is reposed by another person or who holds a real or apparent authority over the other person of the confidence or authority for the purpose of obtaining an unfair advantage over the other person;
(2) taking an unfair advantage of another person's weakness of mind; or
(3) taking a grossly oppressive and unfair advantage of another person's necessities or distress.

Legislative History

En. Sec. 2120, Civ. C. 1895; re-en. Sec. 4981, Rev. C. 1907; re-en. Sec. 7483, R.C.M. 1921; Cal. Civ. C. Sec. 1575; Field Civ. C. Sec. 760; re-en. Sec. 7483, R.C.M. 1935; R.C.M. 1947, 13-311; amd. Sec. 776, Ch. 56, L. 2009.