Mont. Code Ann. » TITLE 1. GENERAL LAWS AND DEFINITIONS · CHAPTER 1. GENERAL PROVISIONS · Part 1. Meaning of Law
Montana Code Annotated

Mont. Code Ann. § 1-1-108 (2026)

Common Law -- Applicability Of

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  1. MCA Contents
  2. TITLE 1
  3. CHAPTER 1
  4. Part 1
  5. 1-1-108 Common law -- applicability of

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 1. GENERAL PROVISIONS

Part 1. Meaning of Law

Common Law -- Applicability Of

1-1-108. Common law -- applicability of. In this state there is no common law in any case where the law is declared by statute. But where not so declared, if the same is applicable and of a general nature and not in conflict with the statutes, the common law shall be the law and rule of decision.

History: En. Sec. 3452, C. Civ. Proc. 1895; re-en. Sec. 8060, Rev. C. 1907; re-en. Sec. 10703, R.C.M. 1921; re-en. Sec. 10703, R.C.M. 1935; R.C.M. 1947, 12-104.

Notes of Decisions
Cited in 46 cases (5 in the last 5 years), 1980–2025 · leading case: Snetsinger v. Montana Univ. Sys., 2004 MT 390, 104 P.3d 445.
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Snetsinger v. Montana Univ. Sys., 2004 MT 390, 104 P.3d 445. · cites it 6× “Section 1-1-108, MCA. In Montana, common law marriages are declared valid by statute.”
Sunburst Sch. Dist. No. 2 v. Texaco, Inc., 2007 MT 183, 165 P.3d 1079. · cites it 4× “See § 1-1-108, MCA; O'Fallon v. Farmers Ins. Exchange, 260 Mont.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 6× “" Section 1-1-108, MCA. And statutes in derogation of *495 the common law are "to be liberally construed with a view to effect their objects and to promote justice.”
Christian v. Atl. Richfield Co., 2015 MT 255, 358 P.3d 131. · cites it 6× “” Section 1-1-108, MCA. And where the law is not declared by statute, the common law is applicable only so far as it does “not [] conflict with the statutes” of this State.”
Associated Press v. Crofts, 2004 MT 120, 89 P.3d 971. · cites it 6× “Section 1-1-108, MCA (2001). Moreover, our constitution mandates that the deliberations of public bodies be open, which is more than a simple requirement that only the final voting be done in public.”
Koppen v. Bd. of Med. Examiners, 759 P.2d 173 (Mont. 1988). · cites it 6× “Section 1-1-108, MCA, provides where the law is not declared by statute, the common law shall be the rule of a decision.”
Ramon v. Short, 2020 MT 69, 460 P.3d 867. · cites it 5× “” Section 1-1-108, MCA. The “statutes establish the law of this state respecting the subjects to which they relate.”
Prosser v. Kennedy Enter., Inc., 2008 MT 87, 179 P.3d 1178. · cites it 4× “II, § 18; § 1-1-108, MCA ("In this state there is no common law in any case where the law is declared by statute.”
Brewington v. Employers Fire Ins., 1999 MT 312, 992 P.2d 237. · cites it 6× “Section 1-1-108, MCA; see also O'Fallon v.”
Maguire v. State, 835 P.2d 755 (Mont. 1992). · cites it 4× “2d 724 , and § 1-1-108, MCA. The majority's expressed concern about acting in an area that should be reserved for the legislature is indeed a shallow basis for this result.”
Brewer v. Ski-Lift, Inc., 762 P.2d 226 (Mont. 1988). · cites it 5× “It substitutes the Court's judgment for that of the legislature in violation of § 1-1-108, MCA. I concur, however, with the majority as to the unconstitutionality of § 23-2-737, MCA, "Effect of comparative negligence", but for another reason.”
Nelson v. State of Montana, 2008 MT 336, 195 P.3d 293. · cites it 4× “Specifically, § 1-1-108, MCA, says that “[i]n this state there is no common law in any case where the law is declared by statute.”
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