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Montana law provides, ?All contracts may be oral except such as specifically by statute to be in writing.? MCA 28-2-901.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations.
The Nature of a Contract To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
A written contract must be memorialized in writing, of course, and ?subscribed? by the party or parties obligated. ?Subscribed? basically means a signature or other writing showing agreement such as a reply email.
Montana, as one of the sovereign states within the union, has constitutional authority to enact laws protecting the environment of the state and safeguarding the public health, safety, and welfare of the citizens of Montana. However, this authority has too often been ignored by the federal government.