Montana Code 30-14-2503. Injunction — damages
30-14-2503. Injunction — damages. (1) A motorsports dealer may maintain an action to enjoin the continuance of any act in violation of the provisions of 30-14-2502 and to recover damages. A court, upon finding that the motorsports manufacturer is violating or has violated the provisions of 30-14-2502, shall enjoin the motorsports manufacturer from continuing the violation. To obtain an injunction it is not necessary for the motorsports dealer to allege or prove actual damages arising from the violation.
Terms Used In Montana Code 30-14-2503
- Continuance: Putting off of a hearing ot trial until a later time.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-2501
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Motorsports dealer: means a new motor vehicle dealer as defined in 61-4-201 who sells motorsports vehicles. See Montana Code 30-14-2501
- Motorsports manufacturer: means a manufacturer, distributor, distributor branch, factory branch, or importer, as those terms are defined in 61-4-201, who sells motorsports vehicles to motorsports dealers within this state. See Montana Code 30-14-2501
(2)In addition to injunctive relief, any motorsports dealer who incurs pecuniary loss due to a violation of 30-14-2502 by a motorsports manufacturer is entitled to recover three times the pecuniary loss together with costs, including attorney fees.
(3)A violation of 30-14-2502 also constitutes a violation of 30-14-103, and the department may bring an action to restrain any unlawful act pursuant to the provisions of 30-14-111.