Table of Contents TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS CHAPTER 1. AVAILABILITY OF REMEDIES – LIABILITY Part 4. Specific and Preventive Relief
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27-1-401 1 27-1-402 1 27-1-403 3 27-1-411 2 27-1-412 27-1-413 2 27-1-414 1 27-1-415 1 27-1-416 1 27-1-417 27-1-418 4 27-1-419 27-1-420 27-1-421 27-1-431 2 27-1-432 27-1-433 4 27-1-434

Mont. Code Ann. § 27-1-412

Obligations which cannot be specifically enforced

The following obligations cannot be specifically enforced:

(1) an obligation to render personal service or to employ another therein;

(2) an agreement to marry or live with another;

(3) an agreement to perform an act which the party has not power to perform lawfully when required to do so;

(4) an agreement to procure the act or consent of the spouse of the contracting party or of any other third person; or

(5) an agreement the terms of which are not sufficiently certain to make the precise act which is to be done clearly ascertainable.

Opinions construing this section

2 opinions
2009 MT 146 Apr 29, 2009 Affirmed
Holter Lakeshores v. Thurston, et al
Majority by John Warner · 5 to 0
he act which is to be done clearly ascertainable, cannot be specifically enforced. Quirin v. Weinberg, 252 Mont. 386, 393-94, 830 P.2d 537, 541 (1992) (citing § 27-1-412(5), MCA). A contract that necessitates specific performance must be complete and certain in all essential matters included within its scope. An agreement that requires
2008 MT 436 Dec 23, 2008 Reversed
City of Whitefish v. Board of Flathead County Commissioners
Majority by Patricia Cotter · 4 to 1 with 1 concurring
bligations under the Agreement, the City could certainly be compelled to comply with the Agreement through specific performance. ¶14 The City also notes that § 27-1-412, MCA, listing obligations that cannot be specifically enforced, does not include obligations of the type included in the Agreement. Finally, the City contends the
Official Annotations archive.org, 2025 edition
History:
En. Sec. 4416, Civ. C. 1895
Re-en. Sec. 6102, Rev. C. 1907
Re-en. Sec. 8720, R.C.M. 1921
Cal. Civ. C. Sec. 3390
Field Civ. C. Sec. 1893
Re-en. Sec. 8720, R.C.M. 1935
Amd. Sec. 12, Ch. 535, L. 1975
R.C.M. 1947, 17-807
Amd. Sec. 23, Ch. 684, L. 1985
Source text on leg.mt.gov