Breach of contract is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when another person or entity breaches an enforceable written or verbal agreement (contract) by breaking one or more promises in the agreement.
In Montana, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether the contract is written or verbal. The aggrieved party can seek legal recourse through civil litigation to recover damages resulting from the breach. Montana's statutes outline the specifics of contract law, including the statute of limitations for filing a lawsuit, which is generally within 8 years for written contracts and 5 years for oral contracts, as per Montana Code Annotated (MCA) 27-2-202 and 27-2-203 respectively. The damages awarded aim to put the non-breaching party in the position they would have been in had the contract been fulfilled. In some cases, specific performance or other equitable remedies may be sought, depending on the nature of the contract and the breach. It is important for parties in Montana to understand their contractual rights and obligations, and to consult with an attorney if they believe a breach has occurred.