Montana Code 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.
Terms Used In Montana Code 30-19-116
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lessor: means a person who regularly provides the use of property through rental-purchase agreements and to whom rent payments are initially payable on the face of the rental-purchase agreement. See Montana Code 30-19-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
(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.