Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 3. Measure of Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-302 (2026)

Damages To Be Reasonable

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 3
  5. 27-1-302 Damages to be reasonable

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 3. Measure of Damages

Damages To Be Reasonable

27-1-302. Damages to be reasonable. (1) Subject to subsection (2), damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages contrary to substantial justice, no more than reasonable damages can be recovered.

(2) In any action arising from bodily injury or death, damages exceeding amounts provided in 27-1-308(2) are unreasonable, unconscionable, and grossly oppressive contrary to substantial justice.

History: En. Sec. 4366, Civ. C. 1895; re-en. Sec. 6087, Rev. C. 1907; re-en. Sec. 8705, R.C.M. 1921; Cal. Civ. C. Sec. 3359; Field. Civ. C. Sec. 1878; re-en. Sec. 8705, R.C.M. 1935; R.C.M. 1947, 17-607; amd. Sec. 2, Ch. 327, L. 2021.

Notes of Decisions
Cited in 32 cases, 1982–2020 · leading case: Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205, 330 P.3d 1139 (Mont. 2014).
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Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205, 330 P.3d 1139 (Mont. 2014). · cites it 10× “¶40 Although we have not procedurally required a reasonableness hearing following a stipulated settlement resulting from a breach of the duty to defend, we do require such settlements to be reasonable.”
Meek v. Montana Eighth Jud. Dist. Court, 2015 MT 130, 349 P.3d 493 (Mont. 2015). · cites it 19× “¶12 The parties agree that Meek is entitled to damages “representing the reasonable value of the medical expenses for medical services obtained by Judy Meek.” This is consistent with Montana law, which requires that in all cases damages must be reasonable, and that no party has…”
Kiely Constr., L.L.C. v. City of Red Lodge Ex Rel. Red Lodge City Council, 2002 MT 241, 57 P.3d 836 (Mont. 2002). · cites it 6× “Section 27-1-302, MCA. "[A]n award must be reduced when it substantially exceeds that which the evidence can sustain.”
Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C., 2019 MT 97, 439 P.3d 935 (Mont. 2019). · cites it 4× “See § 27-1-302, MCA ; Abbey/Land II , ¶ 34 ; Tidyman's I , ¶¶ 41-42.”
J & C Moodie Props., LLC v. Deck, 2016 MT 301, 384 P.3d 466 (Mont. 2016). · cites it 5× “Did the District Court err by ruling there were no grounds for a reasonableness hearing regarding the stipulated judgment ? ¶32 Montana’s general damages statute requires that “Idlamage.”
Ehly v. Cady, 687 P.2d 687 (Mont. 1984). · cites it 6× “Section 27-1-302, MCA. We regard Ehly's gain of investment tax credit upon performance of the contract as within the contemplation of the parties and reasonably foreseeable.”
Kuhnke v. Fisher, 683 P.2d 916 (Mont. 1984). · cites it 6× “The only limitation is that damages must in all cases be reasonable, for no more than reasonable damages can be recovered, section 27-1-302, MCA. No statute, and no case law, requires the payment of medical bills before payment can be recovered in a wrongful death cause.”
Johnson v. Murray, 656 P.2d 170 (Mont. 1982). · cites it 6× “Section 27-1-302, MCA. When there is strong evidence of the fact of damage, defendant should not escape liability because the amount of damage cannot be proven with precision.”
Onstad v. Payless Shoesource, 2000 MT 230, 9 P.3d 38 (Mont. 2000). · cites it 6× “Section 27-1-302, MCA. "Thus, an award must be reduced when it substantially exceeds that which the evidence can sustain.”
Beaver v. Montana Dep't of Nat. Resources & Conservation, 2003 MT 287, 78 P.3d 857 (Mont. 2003). · cites it 4× “¶ 86 The District Court awarded Beaver compensatory damages in the amount of $9,095: $3,095 for expenses incurred in therapy to date, $1,000 for expenses Beaver expected to expend in future therapy, and $5,000 for the emotional distress suffered from the sexual assault.”
Graveley Simmental Ranch Co. v. Quigley, 2003 MT 34, 65 P.3d 225 (Mont. 2003). · cites it 6× “DISCUSSION ¶ 22 Issue 1: Did the District Court err in concluding that all previous court cases limited the capacity of Quigley's irrigation ditch easement to 800 miner's inches? *231 ¶ 23 The District Court in its Findings of Fact recognized that Quigley had been granted in…”
Sage v. Rogers, 848 P.2d 1034 (Mont. 1993). · cites it 6× “Section 27-1-302, MCA, requires that "[d]amages must in all cases be reasonable, and .”
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