Montana Statutes
§ 28-3-702 — Necessary And Incidental Terms
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 3 INTERPRETATION OF CONTRACTS·Part 7 Provisions Implied by Law
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 Disregarded