When Rescission May Be Adjudged

Mont. Code Ann. § 28-2-1714, under Extinction of Contracts -- Rescission.

Mont. Code Ann. § 28-2-1714

The rescission of a written contract may be adjudged on the application of a party aggrieved: (1) in any of the cases mentioned in 28-2-1711; (2) where the contract is unlawful for causes not apparent upon its face and the parties were not equally in fault; or (3) when the public interest will be prejudiced by permitting it to stand.