Montana Code 27-1-411. When specific performance of an obligation may be compelled
27-1-411. When specific performance of an obligation may be compelled. Except as otherwise provided in this part and Title 28, chapter 2, parts 16 and 17, the specific performance of an obligation may be compelled when:
Terms Used In Montana Code 27-1-411
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Writing: includes printing. See Montana Code 1-1-203
(1)the act to be done is in the performance, wholly or partly, of an express trust;
(2)the act to be done is such that pecuniary compensation for its nonperformance would not afford adequate relief;
(3)it would be extremely difficult to ascertain the actual damage caused by the nonperformance of the act to be done; or
(4)it has been expressly agreed in writing, between the parties to the contract, that specific performance thereof may be required by either party or that damages shall not be considered adequate relief.