Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 6. Abolition of Certain Causes of Action
Montana Code Annotated

Mont. Code Ann. § 27-1-602 (2026)

Cause Of Action For Breach Of Promise Abolished -- Right To Damages For Fraud And Unjust Enrichment Preserved

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 6
  5. 27-1-602 Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 6. Abolition of Certain Causes of Action

Cause Of Action For Breach Of Promise Abolished -- Right To Damages For Fraud And Unjust Enrichment Preserved

27-1-602. Cause of action for breach of promise abolished -- right to damages for fraud and unjust enrichment preserved. All causes of action for breach of contract to marry are hereby abolished. However, where a plaintiff has suffered actual damage due to fraud or deceit or a defendant has been unjustly enriched, the plaintiff may maintain an action for fraud or deceit or unjust enrichment and recover therein only the actual damage proved or for the benefit wrongfully obtained or restitution of property wrongfully withheld where such action otherwise is maintainable under existing law.

History: En. Sec. 2, Ch. 200, L. 1963; R.C.M. 1947, 17-1202.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2021 · leading case: Albinger v. Harris, 2002 MT 118 (Mont. 2002).
Sort: Relevance Newest Treatment
Albinger v. Harris, 2002 MT 118 (Mont. 2002). · cites it 28× “¶ 11 At the conclusion of the trial, both parties submitted briefs discussing how the statute barring actions for breach of promise to marry, § 27-1-602, MCA, impacts an action to recover an engagement ring.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 4× “The following are examples: abolition of a cause of action for alienation of affection (§ 27-1-601, MCA), abolition of a cause for breach of promise to marry (§ 27-1-602, MCA), protection for certain persons against a cause of action for libel (§ 27-1-804, MCA), liability…”
Hinebaugh v. McRae, 2011 MT 270 (Mont. 2011). · cites it 3× “¶30 In addition to the undisputed facts previously noted, it is also undisputed that by virtue of the buy-sell agreement between the McFarlands and the McRaes, the McRaes became the owners of the building.”
Gilbert v. Barkes, 987 S.W.2d 772 (Ky. 1999). · cites it 2× “03 (West 1998)); Montana (Mont.Code Ann. § 27-1-602 (1997)); Nevada (Nev.”
Pariser v. Shriar, 2021 MT 132N (Mont. 2021). · cites it 5× “8 ¶13 Shriar contends that § 27-1-602, MCA, bars causes of action only on contracts to marry, not on oral contracts between unmarried people.”
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.