1. MCA Contents
  2. TITLE 28
  3. CHAPTER 11
  4. Part 2
  5. 28-11-202 Liability under guaranty of incomplete contract

Montana Code Annotated 2023

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 11. GUARANTY, INDEMNITY, AND SURETYSHIP

Part 2. Guaranty -- Liability and Exoneration of Guarantor

Liability Under Guaranty Of Incomplete Contract

28-11-202. Liability under guaranty of incomplete contract. In a guaranty of a contract the terms of which are not then settled, it is implied that the guaranty's terms will not expose the guarantor to greater risks than the guarantor would incur under those terms that are most common in similar contracts at the place where the principal contract is to be performed.

History: En. Sec. 3620, Civ. C. 1895; re-en. Sec. 5662, Rev. C. 1907; re-en. Sec. 8177, R.C.M. 1921; Cal. Civ. C. Sec. 2799; Field. Civ. C. Sec. 1540; re-en. Sec. 8177, R.C.M. 1935; R.C.M. 1947, 30-107; amd. Sec. 820, Ch. 56, L. 2009.