Summers v. Crestview Apartments, 2010 MT 164 (2010)

Citation: Summers v. Crestview Apartments, 2010 MT 164 (2010)
Parent Document: Summers v. Crestview Apartments, 2010 MT 164 (2010)
Jurisdiction: Montana (state)
Effective Date: 2010-07-27
Original Source: https://www.courtlistener.com/opinion/889353/summers-v-crestview-apartments/ ↗

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*137¶49 In taking up the issues here, we would do well to remember that the freedom to contract is a constitutional right. U.S. Const, art. I, § 10, cl. 1; Mont. Const, art. II, § 31. An analysis of the validity of contract provisions under governing statutes is premised on that foundation and balanced against the public’s ability to implement contract regulation. “The fundamental tenet of modern contract law is freedom of contract; parties are free to mutually agree to terms governing their private conduct as long as those terms do not conflict with public laws.” Arrowhead Sch. Dist. No. 75 v. Klyap, 2003 MT 294, ¶ 20, 318 Mont. 103, 79 P.3d 250; see also Gibbons v. Huntsinger, 105 Mont. 562, 573, 74 P.2d 443, 449 (1937).

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