Mont. Code Ann. » TITLE 1. GENERAL LAWS AND DEFINITIONS · CHAPTER 3. MAXIMS OF JURISPRUDENCE · Part 2. Text of Maxims
Montana Code Annotated

Mont. Code Ann. § 1-3-208 (2026)

Own Wrong -- No Advantage

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 1
  3. CHAPTER 3
  4. Part 2
  5. 1-3-208 Own wrong -- no advantage

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 3. MAXIMS OF JURISPRUDENCE

Part 2. Text of Maxims

Own Wrong -- No Advantage

1-3-208. Own wrong -- no advantage. A person may not take advantage of the person's own wrong.

History: En. Sec. 4608; Civ. C. 1895; re-en. Sec. 6185, Rev. C. 1907; re-en. Sec. 8746, R.C.M. 1921; Cal. Civ. C. Sec. 3517; Field Civ. C. Sec. 1972; re-en. Sec. 8746, R.C.M. 1935; R.C.M. 1947, 49-109; amd. Sec. 17, Ch. 61, L. 2007.

Notes of Decisions
Cited in 29 cases (2 in the last 5 years), 1979–2023 · leading case: Kauffman-Harmon v. Kauffman, 2001 MT 238 (Mont. 2001).
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Kauffman-Harmon v. Kauffman, 2001 MT 238 (Mont. 2001). · cites it 5× “” Section 1-3-208, MCA. Accordingly, this Court will not aid a party whose claim had its inception in the party’s wrongdoing, whether the victim of the wrongdoing is the other party or a third party.”
State v. Raul Sanchez, 2008 MT 27 (Mont. 2008). · cites it 4× “In fact, Montana law generally codifies the equitable principle in § 1-3-208, MCA (2005), which states that “[n]o one can take advantage of his own wrong.”
E. H. Oftedal & Sons, Inc. v. State Ex Rel. Montana Transp. Comm'n, 2002 MT 1 (Mont. 2002). · cites it 6× “" Section 1-3-208, MCA. Accordingly, "this Court will not aid a party whose claim had its inception in the party's wrongdoing, whether the victim of the wrongdoing is the other party or a third party.”
Joyce v. Garnaas, 1999 MT 170 (Mont. 1999). · cites it 4× “First, Joyce suggests that an attorney who intentionally misleads his or her client about the true status of the case is not entitled to claim the benefit of the statute of repose because "no one can take advantage of his wrong" according to § 1-3-208, MCA.”
In Re the Est. of Stukey, 2004 MT 279 (Mont. 2004). · cites it 3× “” See Section 1-3-208, MCA. ¶32 In Conclusion of Law No.”
Roundup Cattle Feeders v. Horpestad, 603 P.2d 1044 (Mont. 1979). · cites it 6× “2d 807, 811 ; section 1-3-208, MCA. In a case similar to the one at bar, the Washington Supreme Court said: “Appellants did not offer to do equity in their complaint.”
In re Klamert, 443 P.3d 379 (Mont. 2019). · cites it 5× “, the Water Court addressed the clean hands doctrine but found that it did not apply.”
Matter of Est. of Taylor, 675 P.2d 944 (Mont. 1984). · cites it 3× “Section 26-1-601(3), MCA; Section 1-3-208, MCA; Thompson v. Nebraska Mobile Homes Corp.”
W. Media, Inc. v. Merrick, 757 P.2d 1308 (Mont. 1988). · cites it 3× “Merrick’s employment or non-employment at any time after breaching the contract is not material.”
State v. Fisher, 620 P.2d 1215 (Mont. 1980). · cites it 6× “Section 1-3-208, MCA. This is precisely what the majority have permitted here.”
Rasmussen v. Lee, 916 P.2d 98 (Mont. 1996). · cites it 2× “We conclude that the District Court did not err in finding there was no question of fact as to whether the March 20 agreement gave Lee possession of the property, and therefore, the estate’s notice of June 1986 effectively terminated the lease agreement. The District Court found…”
In Re the Marriage of Kotecki, 2000 MT 254 (Mont. 2000). · cites it 2× “The principal issues raised by Richard were that Jeanette’s embezzlement and consequent restitution resulted in dissipation of marital assets, and that under § 1-3-208, MCA, Jeanette cannot take advantage of her own wrong.”
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