28-1-1211. When offer may be conditional. (1) An offer of performance must be free from any conditions that the creditor is not bound to perform.

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Terms Used In Montana Code 28-1-1211

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

(2)When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor’s part, the debtor may make the offer depend upon the due performance of the condition.