28-10-501. When agent may delegate powers. An agent, unless specially forbidden by the principal to do so, can delegate the agent’s powers to another person in any of the following cases and in no others:

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Terms Used In Montana Code 28-10-501

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206

(1)when the act to be done is purely mechanical;

(2)when the agent cannot and the subagent can lawfully perform the act;

(3)when it is the usage of the place to delegate the powers; or

(4)when the delegation is specially authorized by the principal.