Mont. Code Ann. » TITLE 1. GENERAL LAWS AND DEFINITIONS · CHAPTER 1. GENERAL PROVISIONS · Part 2. General Definitions of Terms Used in Code
Montana Code Annotated

Mont. Code Ann. § 1-1-217 (2026)

Notice -- Actual And Constructive

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 1
  3. CHAPTER 1
  4. Part 2
  5. 1-1-217 Notice -- actual and constructive

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 1. GENERAL PROVISIONS

Part 2. General Definitions of Terms Used in Code

Notice -- Actual And Constructive

1-1-217. Notice -- actual and constructive. (1) Notice is:

(a) actual whenever it consists of express information of a fact;

(b) constructive whenever it is imputed by law.

(2) Each person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting the inquiry, the person might have learned the facts.

History: (1)En. Sec. 4666, Civ. C. 1895; re-en. Sec. 6228, Rev. C. 1907; re-en. Sec. 8780, R.C.M. 1921; Cal. Civ. C. Sec. 18; Based on Field Civ. C. Secs. 2009, 2010; re-en. Sec. 8780, R.C.M. 1935; amd. Sec. 4, Ch. 309, L. 1977; Sec. 19-105, R.C.M. 1947; (2)En. Sec. 4667, Civ. C. 1895; re-en. Sec. 6229, Rev. C. 1907; re-en. Sec. 8781, R.C.M. 1921; Cal. Civ. C. Sec. 19; Based on Field Civ. C. Sec. 2011; re-en. Sec. 8781, R.C.M. 1935; R.C.M. 1947, 19-106; R.C.M. 1947, 19-105, 19-106; amd. Sec. 6, Ch. 61, L. 2007.

Notes of Decisions
Cited in 7 cases, 1981–2018 · leading case: Little Big Warm Ranch, LLC v. Doll, 2018 MT 300, 431 P.3d 342.
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Little Big Warm Ranch, LLC v. Doll, 2018 MT 300, 431 P.3d 342. · cites it 10× “Section 1-1-217(1)(a), MCA. Constructive notice is notice imputed by law when a party has actual notice of circumstances that would put a prudent person on inquiry as to a specific fact.”
Harbeck v. Orr, 627 P.2d 1217 (Mont. 1981). · cites it 3× “1947, now section 1-1-217, MCA. Harbeck argues that, although she may have seen and read the contract, she misunderstood the meaning of the life estate provisions and was misadvised as to the effect.”
Sundheim v. Reef Oil Corp., 806 P.2d 503 (Mont. 1991). · cites it 3× “Section 1-1-217, MCA, defines notice as follows: “1-1-217.”
Victor Fed'n of Teachers Local 3494 v. Victor Sch. Dist. No. 7, 2018 MT 72, 414 P.3d 1284. · cites it 5× “The School District cites § 1-1-217, MCA, which provides, "Each person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself.”
Armstrong v. Trout (In Re Trout), 146 B.R. 823 (Bankr. D.N.D. 1992). “However, Montana also recognizes that constructive notice is present when an individual has “actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact .”
Ahmann v. Minnesota Mut. Life Ins., 83 F. App'x 958 (9th Cir. 2003). “A jury could find that a prudent person in Lan-da’s position would have made further inquiries regarding the nature and extent of Ahmann’s back injury, for example, by requiring Ahmann to fill out a new DI application at their February 1995 meeting.”
Marriage of Remick (Mont. 1993). · cites it 3× “" This argument cannot be taken seriously, in view of Douglas' request, in his November 27 motion to dismiss, that "the hearing on visitation rights" be postponed.”
Mont. Code Ann. § 1-1-217(1)(a): 1 case
Little Big Warm Ranch, LLC v. Doll, 2018 MT 300, 431 P.3d 342. “Section 1-1-217(1)(a), MCA. Constructive notice is notice imputed by law when a party has actual notice of circumstances that would put a prudent person on inquiry as to a specific fact.”
Mont. Code Ann. § 1-1-217(2): 1 case
Marriage of Remick (Mont. 1993). “" This argument cannot be taken seriously, in view of Douglas' request, in his November 27 motion to dismiss, that "the hearing on visitation rights" be postponed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.