Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 2. Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-201 (2026)

Detriment Defined

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 2
  5. 27-1-201 Detriment defined

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 2. Damages

Detriment Defined

27-1-201. Detriment defined. Detriment is a loss or harm suffered in person or property.

History: En. Sec. 4271, Civ. C. 1895; re-en. Sec. 6041, Rev. C. 1907; re-en. Sec. 8660, R.C.M. 1921; Cal. Civ. C. Sec. 3282; Field Civ. C. Sec. 1833; re-en. Sec. 8660, R.C.M. 1935; R.C.M. 1947, 17-202.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1982–2024 · leading case: Meek v. Montana Eighth Jud. Dist. Court, 2015 MT 130 (Mont. 2015).
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Meek v. Montana Eighth Jud. Dist. Court, 2015 MT 130 (Mont. 2015). · cites it 8× “” Section 27-1-201, MCA (emphasis added). The right to recover compensatory damages is defined by the “detriment” that a person suffers.”
Harris v. St Vincent & Billings C, 2013 MT 207 (Mont. 2013). · cites it 6× “” Section 27-1-201, MCA. Harris and Holbert have suffered no “detriment” for which recovery may be had.”
Cechovic v. Hardin & Assocs., Inc., 902 P.2d 520 (Mont. 1995). · cites it 3× “Section 27-1-201, MCA. Cechovics point out that a primary attraction of the land was Bullock’s representation that the river front promontory was included, and that there is no comparable location on the property they eventually received.”
H-D Irrigating, Inc. v. Kimble Props., Inc., 2000 MT 212 (Mont. 2000). · cites it 3× “” Section 27-1-201, MCA. ¶50 The District Court concluded that Lloyd Kimble was entitled to “a net payment on the promissory note in the amount of $123,940.”
Kadillak v. Montana Dep't of State Lands, 643 P.2d 1178 (Mont. 1982). · cites it 3× “” The term “detriment” is defined in section 27-1-201, MCA: “Detriment is a loss or harm suffered in person or property.”
Eatinger v. Johnson, 887 P.2d 231 (Mont. 1994). “*105 Sections 27-1-201 and -202, MCA, provide that detriment is a loss suffered in person or property and that everyone who suffers detriment from another’s wrongful acts is entitled to damages.”
Chapman v. Mazda Motor of Am., Inc., 7 F. Supp. 2d 1123 (D. Mont. 1998). “Accordingly, says Mazda, the Court should exclude evidence of medical bills beyond the amounts actually paid for Chapman’s care.”
v. Smith-Cote (In re Cote), 433 P.3d 221 (Mont. 2019). “See §§ 27-1-201, -202, MCA. The Dissent contends that the issuance of the Stock is an equitable remedy and one not equivalent to, or interchangeable with, compensatory damages.”
S. Hensley v. State Fund (Mont. 2020). “See §§ 27-1-201 and -202, MCA. In accordance with its essential quid pro quo, the Act has thus historically provided some 75 form of proportional compensation for work-related permanent partial impairments regardless of actual wage loss, whether as a function of the permanent…”
Cranska v. UMIA Ins., Inc. (D. Mont. 2024). “§ 27-1-201(6). As addressed above, Cranska may seek compensatory damages for emotional distress resulting from the alleged bad faith actions of Defendants.”
Mont. Code Ann. § 27-1-201(6): 1 case
Cranska v. UMIA Ins., Inc. (D. Mont. 2024). “§ 27-1-201(6). As addressed above, Cranska may seek compensatory damages for emotional distress resulting from the alleged bad faith actions of Defendants.”
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