Montana Conflict of Terms

State:
Multi-State
Control #:
US-OG-699
Format:
Word; 
Rich Text
Instant download

Description

This is simply a short statement that states that, in the event of a conflict between the provisions of one Article and the terms and conditions contained in prior Articles provided for in the Agreement, the parties agree that the provisions of a designated Article shall prevail.

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FAQ

Commonly called a contract, a contractual agreement between two or more parties allows or restricts them from engaging in certain acts by creating mutual obligations enforceable by law. Failure to abide by these obligations may be punishable by law in the form of monetary fines, community service, or even jail time.

"A 'conflict of interest' may be defined as any circumstance in which the personal interest of a public official in a matter before him in his official capacity may prevent or appear to prevent him from making an unbiased decision with respect to a matter.

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.

Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer made by one party and accepted by the other. Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items.

7-3-4367. Control of conflict of interest. (1) Commissioners and other officers and employees may not be interested in the profits or emoluments of any contract, job, work, or service for the municipality and may not hold any partisan political office or employment.

All real estate contracts in Montana must be in writing and signed by both parties to be legally enforceable.

It is also unlawful to "enter into any agreement or any promise . . . to appoint [a relative] to any position of trust or emolument." Section 2-2-303, MCA.

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.

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Montana Conflict of Terms