Bill
LC 2360
Overview: Bill Number: LC 2360, Title: Revising contract law relating to no-waiver provisions, Status: (LC) Draft Died in Process, Introduced: December 08, 2024Purpose and Intent:
Overview: Bill Number: LC 2360, Title: Revising contract law relating to no-waiver provisions, Status: (LC) Draft Died in Process, Introduced: December 08, 2024
Purpose and Intent: This bill aims to revise Montana's contract law by addressing the enforceability of "no-waiver" provisions, which are contractual clauses that prohibit parties from waiving or modifying the terms of the agreement.
Key Provisions:
- Establishes that no-waiver provisions in contracts are generally unenforceable, unless certain conditions are met
- Requires that no-waiver provisions be prominently displayed and explicitly acknowledged by the parties
- Provides exceptions for certain types of contracts, such as those involving the sale of real property or the provision of professional services
Affected Parties and Impacts: The primary affected parties are individuals and businesses that enter into contracts with no-waiver provisions. The proposed changes could make it easier for parties to modify or waive contractual terms, potentially increasing flexibility and negotiation power, but may also introduce more uncertainty and potential for disputes.
Procedural and Timeline Considerations: This bill was introduced in the Montana Legislature but died in the legislative process. If enacted, the revised contract law provisions would have applied to all new contracts and potentially some existing contracts, depending on the specific effective date and any transitional provisions included in the legislation.
Compiled from official sources — confirm details with the bill’s official record.
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