When, through fraud or a mutual mistake of the parties or a mistake of one party while the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons in good faith and for value.
Mont. Code Ann. § 28-2-1611
When written contract may be revised by court
Applied in 3 court decisions — leading case 98 F. Supp. 2d 1157 - Lozeau v. Lake County, Mont. (2000)
Most recently applied in American Economy Insurance Co. v. Hartford Fire Insurance Co. (May 2017)
En
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.