Notes of Decisions
Cited in
16
cases, 1980–2018 · leading case:
Wolfe v. Webb, 824 P.2d 240 (Mont. 1992).
Wolfe v. Webb, 824 P.2d 240 (Mont. 1992).
· cites it 4× “We held that under § 28-2-102, MCA, consent of the parties was a prerequisite to a valid contract and that pursuant to § 28-2-401, MCA: “ ‘(1) An apparent consent is not real or free when obtained through: *224 ‘“(e) mistake.”
In Re Est. of Kindsfather, 2005 MT 51 (Mont. 2005).
· cites it 2× “Furthermore, § 28-2-401(1)(c), MCA, provides that consent is not real or free when obtained through fraud.”
Kienas v. Peterson, 624 P.2d 1 (Mont. 1980).
· cites it 3× “” *329 Section 28-2-401, MCA: “(1) An apparent consent is not real or free when obtained through: “(e) mistake.”
Gonzales v. Walchuk, 2002 MT 262 (Mont. 2002).
· cites it 2× “2d 155 , for the proposition that fraud vitiates a contract from its inception and § 28-2-401, MCA, which states that consent is not real or free when obtained through fraud, Gonzales argued that the Respondents’ fraud invalidates both her consent to execute the Affidavit and…”
Gamble v. Sears, 160 P.3d 537 (Mont. 2007).
· cites it 2× “2d at 246 (citing § 28-2-301(1) and § 28-2-401(1)(e), MCA). Either a mistake of fact or a mistake of law will preclude freely given consent.”
In Re the Marriage of Rolf, 2000 MT 361 (Mont. 2000).
· cites it 2× “¶27 While we agree with David’s contention that the handwritten agreement was not abrogated by reconciliation of the parties because the reconciliation was conditional upon entering into a postnuptial agreement which the parties never did, the facts in this case bring into…”
Matthews v. Berryman, 637 P.2d 822 (Mont. 1981).
· cites it 3× “Section 28-2-401, MCA. Duress, defined by section 28-2-402, MCA, consists in: “(1) unlawful confinement of the person of the party, of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; “(2) unlawful detention of…”
Weber v. Rivera, 841 P.2d 534 (Mont. 1992).
· cites it 2× “The Riveras argue that the quality of the water was misrepresented, either intentionally or unintentionally, prior to the time they entered the contract.”
Franks v. Kindsfather, 2005 MT 51 (Mont. 2005).
· cites it 2× “Furthermore, § 28-2-401(l)(c), MCA, provides that consent is not real or free when obtained through fraud.”
Mears v. Safeco Ins., 888 F. Supp. 2d 1048 (D. Mont. 2012).
· cites it 2× “MontCode Ann. § 28-2-401(1); Kruzich v. Old Republic Ins.”
Fronk v. Collins, 2011 MT 315 (Mont. 2011).
· cites it 2× “Section 28-2-401(l)(a)-(b), MCA; see also §28-2-1711(1), MCA (2005) (“A party to a contract may rescind the same .”
— Mont. Code Ann. § 28-2-401(1) — 1 case
Mears v. Safeco Ins., 888 F. Supp. 2d 1048 (D. Mont. 2012).
“MontCode Ann. § 28-2-401(1); Kruzich v. Old Republic Ins.”
— Mont. Code Ann. § 28-2-401(1)(c) — 2 cases
In Re Est. of Kindsfather, 2005 MT 51 (Mont. 2005).
“Furthermore, § 28-2-401(1)(c), MCA, provides that consent is not real or free when obtained through fraud.”
— Mont. Code Ann. § 28-2-401(1)(e) — 2 cases
Gamble v. Sears, 160 P.3d 537 (Mont. 2007).
“2d at 246 (citing § 28-2-301(1) and § 28-2-401(1)(e), MCA). Either a mistake of fact or a mistake of law will preclude freely given consent.”
— Mont. Code Ann. § 28-2-401(l)(a) — 1 case
Fronk v. Collins, 2011 MT 315 (Mont. 2011).
“Section 28-2-401(l)(a)-(b), MCA; see also §28-2-1711(1), MCA (2005) (“A party to a contract may rescind the same .”
— Mont. Code Ann. § 28-2-401(l)(c) — 1 case
Franks v. Kindsfather, 2005 MT 51 (Mont. 2005).
“Furthermore, § 28-2-401(l)(c), MCA, provides that consent is not real or free when obtained through fraud.”
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