28-2-1714. When rescission may be adjudged. The rescission of a written contract may be adjudged on the application of a party aggrieved:

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Terms Used In Montana Code 28-2-1714

  • Contract: A legal written agreement that becomes binding when signed.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

(1)in any of the cases mentioned in 28-2-1711;

(2)where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or

(3)when the public interest will be prejudiced by permitting it to stand.