§ 27-1-701 Liability for negligence as well as willful acts
§ 27-1-702 Comparative negligence — extent to which contributory negligence bars recovery in action for damages
§ 27-1-703 Multiple defendants — determination of liability
§ 27-1-704 Release — covenant not to sue
§ 27-1-705 Several liability — purpose — pleading — determination — nonparties
§ 27-1-706 Effect of a release or covenant not to sue
§ 27-1-707 reserved
§ 27-1-708 Liability of landowner to trespasser
§ 27-1-709 Property owner’s immunity from damage caused by use of property unlawfully taken
§ 27-1-710 Civil liability for injuries involving alcohol consumption
§ 27-1-711 Liability of minor or person of unsound mind for own torts — exemplary damages
§ 27-1-712 Liability for damages for deceit
§ 27-1-713 Duty to restore thing wrongfully acquired or retained
§ 27-1-714 Limits on liability for emergency care rendered at scene of accident or emergency
§ 27-1-715 Liability of owner of vicious dog
§ 27-1-716 Immunity of persons donating food for free distribution
§ 27-1-717 Issuing a bad check, draft, converted check, electronic funds transfer, or order or stopping payment — civil liability — statute of limitations
§ 27-1-718 Civil penalty for shoplifting
§ 27-1-719 Liability of seller of product for physical harm to user or consumer
§ 27-1-720 Liability — defect in design of firearms or ammunition
§ 27-1-721 Immunity of certain firearms and hunter safety or hunter education instructors
§ 27-1-722 Civil damages immunity for injury caused by legal use of force
§ 27-1-723 Prohibition on lawsuit — criminal actions
§ 27-1-724 Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock
§ 27-1-725 Purpose
§ 27-1-726 Definitions
§ 27-1-727 Equine activity liability limitations
§ 27-1-728 Mule and horseracing — exception
§ 27-1-731 Individual immunity for and indemnification of ditch company employees — definitions
§ 27-1-732 Immunity of nonprofit corporation officers, directors, and volunteers
§ 27-1-733 Liability of nonprofit organizations and their employees for injuries suffered in sponsored rodeo and similar events
§ 27-1-734 Limits on liability of health care provider in emergency situations
§ 27-1-735 Emergency communications systems — lawful release of information
§ 27-1-736 Limits on liability of medical practitioner or dental hygienist who provides services without compensation
§ 27-1-737 Repealed
§ 27-1-738 Health care provider’s responsibility for others
§ 27-1-739 Liability of health care provider for reduced chance of recovery caused by malpractice
§ 27-1-740 Ridesharing — limits on employer liability
§ 27-1-741 Purpose
§ 27-1-742 Definitions
§ 27-1-743 Operator’s responsibilities
§ 27-1-744 Passenger responsibilities and prohibitions
§ 27-1-745 Injury reports
§ 27-1-746 Duty of health care provider performing third-party medical examination
§ 27-1-747 Claims and damages based on birth of child prohibited
§ 27-1-748 Limitation of liability — firearm hold agreement — definition
§ 27-1-751 Short title
§ 27-1-752 Definitions
§ 27-1-753 Limitation on liability in sport or recreational opportunity
§ 27-1-754 Recreational activity — applicability exceptions
§ 27-1-755 Civil action — human trafficking victim
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Terms Used In Montana Code > Title 27 > Chapter 1 > Part 7 - Liability

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Property: means real and personal property. See Montana Code 1-1-205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Verdict: The decision of a petit jury or a judge.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writing: includes printing. See Montana Code 1-1-203