1. MCA Contents
  2. TITLE 69
  3. CHAPTER 11
  4. Part 1
  5. 69-11-105 Effect of agreements on rights and obligations of carrier and other parties

Montana Code Annotated 2017

TITLE 69. PUBLIC UTILITIES AND CARRIERS

CHAPTER 11. REGULATION OF CARRIERS

Part 1. General Provisions

Effect Of Agreements On Rights And Obligations Of Carrier And Other Parties

69-11-105. Effect of agreements on rights and obligations of carrier and other parties. (1) The obligations of a common carrier cannot be limited by general notice on the carrier's part, but may be limited by special contract.

(2) A common carrier cannot be exonerated, by any agreement made in anticipation of liability, from liability for the gross negligence, fraud, or willful wrong of the carrier or the carrier's servants.

(3) A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carriage with a knowledge of its terms, assents to the rate of hire and the time, place, and manner of delivery stated in the document, but the passenger's, consignor's, or consignee's assent to any other modification of the carrier's rights or obligations contained in the instrument can be manifested only by the passenger's, consignor's, or consignee's signature to the instrument, except as otherwise provided in the Uniform Commercial Code.

History: (1)En. Sec. 2876, Civ. C. 1895; re-en. Sec. 5338, Rev. C. 1907; re-en. Sec. 7852, R.C.M. 1921; Cal. Civ. C. Sec. 2174; re-en. Sec. 7852, R.C.M. 1935; Sec. 8-707, R.C.M. 1947; (2)En. Sec. 2877, Civ. C. 1895; re-en. Sec. 5339, Rev. C. 1907; re-en. Sec. 7853, R.C.M. 1921; Cal. Civ. C. Sec. 2175; Field Civ. C. Sec. 1141; re-en. Sec. 7853, R.C.M. 1935; Sec. 8-708, R.C.M. 1947; (3)En. Sec. 2878, Civ. C. 1895; re-en. Sec. 5340, Rev. C. 1907; re-en. Sec. 7854, R.C.M. 1921; Cal. Civ. C. Sec. 2176; Field Civ. C. Sec. 1142; re-en. Sec. 7854, R.C.M. 1935; amd. Sec. 11-105, Ch. 264, L. 1963; Sec. 8-709, R.C.M. 1947; R.C.M. 1947, 8-707, 8-708, 8-709; amd. Sec. 2000, Ch. 56, L. 2009.