§ 28-2-1601 Alteration of oral contract by parties
§ 28-2-1602 How written contract may be altered by parties
§ 28-2-1611 When written contract may be revised by court
§ 28-2-1612 Presumption that parties intended equitable agreement
§ 28-2-1613 Scope of court’s inquiry
§ 28-2-1614 Specific enforcement of revised contract
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Terms Used In Montana Code > Title 28 > Chapter 2 > Part 16 - Modification of Contracts

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
  • Writing: includes printing. See Montana Code 1-1-203