Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 1. RIGHTS AND OBLIGATIONS OF MINORS · Part 3. Power to Contract
Montana Code Annotated

Mont. Code Ann. § 41-1-304 (2026)

When Minors May Disaffirm

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 1
  4. Part 3
  5. 41-1-304 When minors may disaffirm

TITLE 41. MINORS

CHAPTER 1. RIGHTS AND OBLIGATIONS OF MINORS

Part 3. Power to Contract

When Minors May Disaffirm

41-1-304. When minors may disaffirm. (1) Except as provided in subsection (2), in all cases other than those specified by 41-1-303, 41-1-305, and 41-1-306, the contract of a minor may, upon restoring the consideration to the party from whom it was received, be disaffirmed by the minor, either before the minor reaches majority or within a reasonable time afterwards, or, in case of the minor's death within that period, by the minor's heirs or personal representatives.

(2) A minor subject to the provisions of 31-1-115 is not required to restore any consideration received from the issuer of a credit card or similar loan advance access device that has not obtained the consent of the minor's parent or legal guardian before issuing the card or similar loan advance access device to the minor.

History: En. Sec. 18, Civ. C. 1895; re-en. Sec. 3592, Rev. C. 1907; re-en. Sec. 5680, R.C.M. 1921; Cal. Civ. C. Sec. 35; Field Civ. C. Sec. 17; re-en. Sec. 5680, R.C.M. 1935; R.C.M. 1947, 64-107; amd. Sec. 1, Ch. 29, L. 1979; amd. Sec. 2, Ch. 21, L. 1997.

Notes of Decisions
Cited in 4 cases, 1981–2006 · leading case: Parrent v. Midway Toyota, 626 P.2d 848 (Mont. 1981).
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Parrent v. Midway Toyota, 626 P.2d 848 (Mont. 1981). · cites it 6× “” Section 41-1-304, MCA: “When minors may disaffirm.”
Truck Ins. Exch. v. Nelson, 743 P.2d 572 (Mont. 1987). · cites it 5× “As a minor she could not even disaffirm the contract for purchase, under § 41-1-304, MCA, because her name appears nowhere on the installment sales contract.”
In Re Workers'comp. Benfits of Noonkester, 2006 MT 169 (Mont. 2006). · cites it 2× “[6] To the extent it could be argued that Tucker was under a contractual obligation to the State Fund, we note that § 41-1-304, MCA, permits a minor to disaffirm a contract entered during minority upon restoring the consideration to the other contracting party.”
Noonkester v. Montana State Fund, 2006 MT 169 (Mont. 2006). · cites it 2× “To the extent it could be argued that Tucker was under a contractual obligation to the State Fund, we note that § 41-1-304, MCA, permits a minor to disaffirm a contract entered during minority upon restoring the consideration to the other contracting party.”
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.