Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 3. INTERPRETATION OF CONTRACTS · Part 7. Provisions Implied by Law
Montana Code Annotated

Mont. Code Ann. § 28-3-702 (2026)

Necessary And Incidental Terms

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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 3
  4. Part 7
  5. 28-3-702 Necessary and incidental terms

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 3. INTERPRETATION OF CONTRACTS

Part 7. Provisions Implied by Law

Necessary And Incidental Terms

28-3-702. Necessary and incidental terms. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom unless some of them are expressly mentioned therein, in which case all other things of the same class are considered to be excluded.

History: En. Sec. 2221, Civ. C. 1895; re-en. Sec. 5045, Rev. C. 1907; re-en. Sec. 7547, R.C.M. 1921; Cal. Civ. C. Sec. 1656; Field Civ. C. Sec. 821; re-en. Sec. 7547, R.C.M. 1935; R.C.M. 1947, 13-722; amd. Sec. 27, Ch. 117, L. 1979.

Notes of Decisions
Cited in 2 cases, 1982–2012 · leading case: Castillo v. Kunnemann, 642 P.2d 1019 (Mont. 1982).
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Castillo v. Kunnemann, 642 P.2d 1019 (Mont. 1982). · cites it 12× “Section 28-3-702, MCA, provides as follows: "All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom unless some of them are expressly mentioned therein, in which case all other things of the same…”
Elk Mountain Motor Sports, Inc. v. Montana Dep't of Labor & Indus., 2012 MT 261, 289 P.3d 165. · cites it 3× “Section 28-3-702, MCA. The Fund has failed to allege, let alone demonstrate, the need for Elk Mountain to provide a financial disclosure in order to allow the parties to reach a settlement.”
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