Montana Code 39-2-401. Duties of gratuitous employee

39-2-401. Duties of gratuitous employee. (1) One who without consideration undertakes to do a service for another is not bound to perform the service, but if the person actually enters upon its performance, the person shall use at least slight care and diligence in performing the service.

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Terms Used In Montana Code 39-2-401

Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

(2)One who by the person’s own special request induces another to entrust the person with the performance of a service shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.

(3)A gratuitous employee who accepts a written power of attorney shall act under it as long as it remains in force or until the gratuitous employee gives notice to the employer that the employee will not act under the power of attorney.

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