CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
- Part 1. General Provisions
- Part 2. Damages
- 27-1-201. Detriment defined.
- 27-1-202. Right to compensatory damages.
- 27-1-203. Right to damages for detriment resulting after suit brought and for future detriment.
- 27-1-204. Nominal damages when no appreciable detriment.
- 27-1-205. through reserved.
- 27-1-210. Interest on torts.
- 27-1-211. Right to interest.
- 27-1-212. When award of interest discretionary.
- 27-1-213. Validity of interest rate set by contract.
- 27-1-214. Waiver of interest by accepting principal.
- 27-1-215. through reserved.
- 27-1-220. Punitive damages -- when allowed -- limitation.
- 27-1-221. Punitive damages -- liability -- proof -- award.
- 27-1-222. Exemplary damages for inhumane injuries to animals.
- 27-1-223. Damages for injuries or death inflicted in duel.
- Part 3. Measure of Damages
- 27-1-301. Prescribed damages exclusive of exemplary damages and interest.
- 27-1-302. Damages to be reasonable.
- 27-1-303. Limitation of damages for breach of obligation.
- 27-1-304. Value of written instrument.
- 27-1-305. Property of peculiar value.
- 27-1-306. When replacement value to be allowed.
- 27-1-307. Definitions.
- 27-1-308. Collateral source reductions in actions arising from bodily injury or death -- subrogation rights.
- 27-1-309. reserved.
- 27-1-310. Damages for emotional or mental distress prohibited in contract actions -- exception.
- 27-1-311. Breach of contract.
- 27-1-312. Breach of obligation to pay money.
- 27-1-313. Breach of warranty of agent's authority.
- 27-1-314. Breach of agreement to convey real property.
- 27-1-315. Breach of agreement to buy real property.
- 27-1-316. Breach of covenants in grants of estates in real property.
- 27-1-317. Breach of obligation other than contract.
- 27-1-318. Wrongful occupation of real property.
- 27-1-319. Willful holding over of real property.
- 27-1-320. Conversion of personal property.
- 27-1-321. Conversion of personal property -- damages of lienholder.
- 27-1-322. Seduction.
- 27-1-323. Wrongful death.
- Part 4. Specific and Preventive Relief
- 27-1-401. When specific or preventive relief permitted.
- 27-1-402. How specific relief given.
- 27-1-403. How preventive relief given.
- 27-1-404. through reserved.
- 27-1-411. When specific performance of an obligation may be compelled.
- 27-1-412. Obligations which cannot be specifically enforced.
- 27-1-413. Specific performance not to be oppressive.
- 27-1-414. Right to specific performance to be mutual.
- 27-1-415. Parties who cannot be compelled to perform.
- 27-1-416. Parties who cannot obtain specific performance.
- 27-1-417. Specific performance by party who signed when other party did not sign contract.
- 27-1-418. Liquidation of damages not a bar to specific performance.
- 27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property.
- 27-1-420. No specific performance of agreement to buy property when title not clear.
- 27-1-421. Compelling performance of successor in interest in title -- obligations respecting real property.
- 27-1-422. through reserved.
- 27-1-431. Judgment for possession of or title to real property.
- 27-1-432. Judgment for delivery of personal property.
- 27-1-433. Cancellation of written instrument.
- 27-1-434. Animal welfare hearing.
- Part 5. Right to Bring Action or Assert Defense
- 27-1-501. Survival of cause of action or defense -- death or disability or transfer of interest.
- 27-1-502. Survival of counterclaim -- death or assignment.
- 27-1-503. What defenses to action survive assignment of right to action.
- 27-1-504. through reserved.
- 27-1-511. Right of minor to bring civil action or other proceeding.
- 27-1-512. Action by parent or guardian for injury to child or ward.
- 27-1-513. Action for wrongful death.
- 27-1-514. Who may sue for whose seduction.
- 27-1-515. Protection of personal relations -- abduction.
- 27-1-516. Injury to servant.
- 27-1-517. through reserved.
- 27-1-520. Action against successful bidder -- failure to pay standard prevailing wages or unemployment insurance or to carry workers' compensation insurance.
- Part 6. Abolition of Certain Causes of Action
- 27-1-601. Cause of action for alienation of affections abolished.
- 27-1-602. Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved.
- 27-1-603. Acts within Montana not to give rise to abolished cause of action.
- 27-1-604. Litigation and threat of litigation prohibited.
- 27-1-605. Agreements settling or compromising abolished causes of action.
- 27-1-606. Criminal penalty.
- Part 7. Liability
- 27-1-701. Liability for negligence as well as willful acts.
- 27-1-702. Comparative negligence -- extent to which contributory negligence bars recovery in action for damages.
- 27-1-703. Multiple defendants -- determination of liability.
- 27-1-704. Release -- covenant not to sue.
- 27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties.
- 27-1-706. Effect of a release or covenant not to sue.
- 27-1-707. and reserved.
- 27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken.
- 27-1-710. Civil liability for injuries involving alcohol consumption.
- 27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages.
- 27-1-712. Liability for damages for deceit.
- 27-1-713. Duty to restore thing wrongfully acquired or retained.
- 27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency.
- 27-1-715. Liability of owner of vicious dog.
- 27-1-716. Immunity of persons donating food for free distribution.
- 27-1-717. Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment -- civil liability -- statute of limitations.
- 27-1-718. Civil penalty for shoplifting.
- 27-1-719. Liability of seller of product for physical harm to user or consumer.
- 27-1-720. Liability -- defect in design of firearms or ammunition.
- 27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors.
- 27-1-722. Civil damages immunity for injury caused by legal use of force.
- 27-1-723. reserved.
- 27-1-724. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock.
- 27-1-725. Purpose.
- 27-1-726. Definitions.
- 27-1-727. Equine activity liability limitations.
- 27-1-728. Mule and horseracing -- exception.
- 27-1-729. and reserved.
- 27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions.
- 27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers.
- 27-1-733. Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events.
- 27-1-734. Limits on liability of health care provider in emergency situations.
- 27-1-735. Emergency communications systems -- lawful release of information.
- 27-1-736. Limits on liability of medical practitioner or dental hygienist who provides services without compensation.
- 27-1-737. Repealed.
- 27-1-738. Health care provider's responsibility for others.
- 27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice.
- 27-1-740. Ridesharing -- limits on employer liability.
- 27-1-741. Purpose.
- 27-1-742. Definitions.
- 27-1-743. Operator's responsibilities.
- 27-1-744. Passenger responsibilities and prohibitions.
- 27-1-745. Injury reports.
- 27-1-746. Duty of health care provider performing third-party medical examination.
- 27-1-747. through reserved.
- 27-1-751. Short title.
- 27-1-752. Definitions.
- 27-1-753. Limitation on liability in sport or recreational opportunity.
- 27-1-754. Recreational activity -- applicability exceptions.
- Part 8. Libel and Slander
- 27-1-801. Defamation -- how effected.
- 27-1-802. Libel defined.
- 27-1-803. Slander defined.
- 27-1-804. What communications are privileged.
- 27-1-805. through reserved.
- 27-1-811. When owner of radio station not liable for material broadcast.
- 27-1-812. Right of owner to require prior submission of text to be broadcast.
- 27-1-813. Liability of person broadcasting -- liability of owner for broadcast prepared by station.
- 27-1-814. Repealed.
- 27-1-815. Repealed.
- 27-1-816. Repealed.
- 27-1-817. Repealed.
- 27-1-818. Media management to be given opportunity to publish correction prior to action for libel or slander.
- 27-1-819. What constitutes a reasonable time for correction.
- 27-1-820. Content of correction.
- 27-1-821. Extent to which a correction is a defense upon trial.