Let's Restore Freedom of Contract to the Montana Code

This short piece reflects my continuing fascination with – and abhorrence of – the Field Code. In past articles, I expressed disgust with the fact that the Field Code as enacted in Montana does not contain a provision expressly permitting parties to contract around it. I then discovered that the original Field Code did contain such a provision, but it was inadvertently removed by the Montana legislature. This piece describes that history and encourages the legislature to remedy the problem.