Montana Statutes
§ 28-3-702 — Necessary And Incidental Terms
Montana § 28-3-702
JurisdictionMontana
Title 28CONTRACTS AND OTHER OBLIGATIONS
Ch. 3INTERPRETATION OF CONTRACTS
Part 7Provisions Implied by Law
This text of Montana § 28-3-702 (Necessary And Incidental Terms) 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. § 28-3-702 (2026).
Text
28-3-702 . Necessary and incidental terms. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom unless some of them are expressly mentioned therein, in which case all other things of the same class are considered to be excluded.
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Legislative History
En. Sec. 2221, Civ. C. 1895; re-en. Sec. 5045, Rev. C. 1907; re-en. Sec. 7547, R.C.M. 1921; Cal. Civ. C. Sec. 1656; Field Civ. C. Sec. 821; re-en. Sec. 7547, R.C.M. 1935; R.C.M. 1947, 13-722; amd. Sec. 27, Ch. 117, L. 1979.
Nearby Sections
15
§ 28-3-101
Rules Of Interpretation To Be Uniform§ 28-3-203
When Several Contracts Taken Together§ 28-3-204
How Repugnancies Reconciled§ 28-3-302
How Intention Ascertained§ 28-3-303
Writing Generally To Determine Intention§ 28-3-304
When Writing DisregardedCite This Page — Counsel Stack
Bluebook (online)
Montana § 28-3-702, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/3/28-3-702.