2022 Montana Code Annotated
Title 30. Trade and Commerce
Chapter 19. Rental and Rental-Purchase Agreements
Part 1. Montana Rental-Purchase Agreement Act
30-19-116. Enforcement -- bona fide errors
30-19-116. Enforcement -- bona fide errors. (1) Except when inconsistent with the provisions of this part, a violation of this part is a violation of Title 30, chapter 14, part 1.
(2) (a) A lessor may not be held liable for a violation of the provisions of this part if the lessor proves by a preponderance of evidence that the violation was not intentional and resulted from bona fide error despite the lessor's maintenance of procedures reasonably intended to avoid the error.
(b) (i) For the purposes of this section, a bona fide error includes but is not limited to clerical, calculation, computer malfunction, programming, and printing error.
(ii) An error of legal judgment with respect to a person's obligations under this part is not a bona fide error.
History: En. Sec. 12, Ch. 263, L. 2001.
