LegalFix
Sign In

27-1-415. Parties who cannot be compelled to perform

MT Code § 27-1-415 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

27-1-415. Parties who cannot be compelled to perform. Specific performance cannot be enforced against a party to a contract in any of the following cases:

(1) if the party has not received an adequate consideration for the contract;

(2) if it is not, as to the party, just and reasonable;

(3) if the party's assent was obtained by the misrepresentations, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract or by any promise of the party that has not been substantially fulfilled; or

(4) if the party's assent was given under the influence of mistake, misapprehension, or surprise, except that when the contract provides for compensation in case of mistake, a mistake within the scope of the provision may be compensated for and the contract specifically enforced in other respects if proper to be so enforced.

History: En. Sec. 4417, Civ. C. 1895; re-en. Sec. 6103, Rev. C. 1907; re-en. Sec. 8721, R.C.M. 1921; Cal. Civ. C. Sec. 3391; Field Civ. C. Sec. 1894; re-en. Sec. 8721, R.C.M. 1935; R.C.M. 1947, 17-808; amd. Sec. 571, Ch. 56, L. 2009.

Previous Section
27-1-414. Right to specific performance to be mutual
Next Section
27-1-416. Parties who cannot obtain specific performance