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

Montana Code Annotated 2023

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.