Mont. Code Ann. » TITLE 1. GENERAL LAWS AND DEFINITIONS · CHAPTER 2. STATUTORY CONSTRUCTION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 1-2-103 (2026)

Statutes In Derogation Of The Common Law -- Liberal Construction

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 1
  3. CHAPTER 2
  4. Part 1
  5. 1-2-103 Statutes in derogation of the common law -- liberal construction

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 2. STATUTORY CONSTRUCTION

Part 1. General Provisions

Statutes In Derogation Of The Common Law -- Liberal Construction

1-2-103. Statutes in derogation of the common law -- liberal construction. The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the statutes of the state of Montana. The statutes establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed with a view to effect their objects and to promote justice.

History: En. Sec. 4, Pol. C. 1895; re-en. Sec. 4, Rev. C. 1907; amd. Sec. 2, Ch. 4, L. 1921; re-en. Sec. 4, R.C.M. 1921; Cal. Pol. C. Sec. 4; re-en. Sec. 4, R.C.M. 1935; R.C.M. 1947, 12-202.

Notes of Decisions
Cited in 30 cases, 1981–2020 · leading case: Musselshell Ranch Co. v. Seidel-Joukova, 2011 MT 217 (Mont. 2011).
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Musselshell Ranch Co. v. Seidel-Joukova, 2011 MT 217 (Mont. 2011). · cites it 10× “Section 1-2-103, MCA, states: The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to the statutes of the state of Montana.”
Montana Talc Co. v. Cyprus Mines Corp., 748 P.2d 444 (Mont. 1987). · cites it 16× “Section 1-2-103, MCA. Statutes may not be interpreted to defeat their object or purpose, and the object sought to be achieved by the legislature is of prime consideration in interpreting them.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 6× “" Section 1-2-103, MCA. The legislature's exercise of its power to alter the common law supports in a large part our legal system.”
State Ex Rel. Deere & Co. v. Dist. Court of the Fifth Jud. Dist., 730 P.2d 396 (Mont. 1986). · cites it 6× “Section 1-2-103, MCA. Consolidated Freightways , however, was concerned with an unsued defendant.”
Clark Fork Coalition v. Tubbs, 2017 MT 184 (Mont. 2017). · cites it 6× “” Section 1-2-103, MCA. Section 25-10-711(1)(b), MCA, specifically declares that an agency of the state may only be required to pay costs if the agency has brought or defended an action which was frivolous or pursued in bad faith.”
Larson v. State, 434 P.3d 241 (Mont. 2019). · cites it 2× “" Wombold , ¶ 36 (quoting § 1-2-103, MCA, and State ex rel. Dreher v.”
State Ex Rel. Eccleston v. Montana Third Jud. Dist. Court, 783 P.2d 363 (Mont. 1989). · cites it 6× “Section 1-2-103, MCA. The intent of the legislature can be gleaned from the heading it used in enacting the statute: "Immunity from suit for legislative acts and omissions.”
Thompson v. Bd. of Trs., Sch. Dist., Etc., 627 P.2d 1229 (Mont. 1981). · cites it 6× “The term "marital status" is not defined anywhere in the statutes relating to antidiscriminatory employment practices, and our interpretation of the term should be directed to promoting the objectives of these statutes. We therefore hold that a liberal definition of the term…”
Baird v. Norwest Bank, 843 P.2d 327 (Mont. 1992). · cites it 5× “See § 1-2-103, MCA, 1991. Norwest has cited the case of Riverside National Bank v.”
Curtis v. Dist. Court of the Twenty-First Jud. Dist., 879 P.2d 1164 (Mont. 1994). · cites it 6× “While the State concedes our conclusion, at least to the extent of agreeing that no specific authority for such involuntary medication and treatment of a defendant's underlying mental condition is contained in § 46-14-221(2), MCA, it contends that the legislature's intent…”
James R. v. Assocs. Fin. Servs. Co., 2004 MT 397 (Mont. 2004). · cites it 4× “¶37 The CLA serves to regulate the consumer loan industry and protect borrowers from predatory lending practices.”
Trs. of Washington — Idaho — Montana Carpenters — Employers Ret. Trust Fund v. Galleria P'ship, 780 P.2d 608 (Mont. 1989). · cites it 4× “The statute prevails over any common law, see § 1-1-108, MCA, and § 1-2-103, MCA (1987). Even if the statute did not cover the calculation of the deficiency, it would be inequitable to require such a determination on the state of this record.”
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