delivered the opinion of the Court.
This is аn appeal by the defendant from an adverse judgment of the District Court of the Fourth Judicial District, in and for the County of Missoula, sitting without a jury, in a contract action for rescission of an automobile installment contract for deceptive trade practices. We affirm.
On October 21,1978, plaintiff purchased а 1970 Ford Torino from the defendant for a total purchase price of $2,678. Prior to the sale, a salesman, employed by the defendant, represented to plaintiff that the vehicle was in perfect condition and had been “completely gone over”. That same day, the salesman went for a test drive with plaintiff in the Ford Torino. During the test drive plaintiff inquired about the stiffness in the steering of the vehicle. The salesman informed plaintiff that the vehicle probably just needed a front-end alignment or .that the steering was too tight. At the time of the sale, the defendant did not extend to plaintiff any type of express warrantiеs on the vehicle.
The plaintiff and his wife drove the vehicle for approximately one month before noticing that the tires were wearing unevenly. Plaintiff took the vehicle into another car dealer for an inspection and was informed that the vehicle was unsafe to drive because the front twо cross-members of the frame were *289 severely bent and cracked. The damage to the frame was the result of a single accident.
Shortly thereafter, plaintiff brought the vehicle to the defendant for an inspection. The defendant informed the plaintiff that the vehicle was indeed damaged and requirеd extensive repair work. Upon being informed of the cost of the repairs, the plaintiff notified defendant that defendant could keep the vehicle. Plaintiff then filed suit seeking damages and rescission of the sales contract.
The District Court determined that the defendant had engaged in unfair or deceptive trade practices because its salesman misrepresented the condition of the car. Plaintiff was awarded attorney fees, damage in the amount of the installment contract purchase price ($2,678) and $750 exemplary damages.
The defendant-appellant presents the following issues to this Court for review:
1. Do section 30-14-104, MCA, and the administrative rules promulgated thereunder represent an unconstitutional delegation of legislative power to the Montana Department of Business Regulation?
2. Do section 30-14-104, MCA, and the administrative rules promulgated thereunder represent an unconstitutional delegation of legislative power to the Federal Trade Commission and the federal courts?
3. Is there substantial credible evidence in the record to support the District Court award?
4. Is there sufficient evidence in the record to base an award of exemplary damages under section 30-14-133, MCA, of the Mоntana Unfair Trade Practices and Consumer Protection Act?
5. Did the plaintiff properly rescind the contract?
Section 30-14-104, MCA, and the administrative rules promulgated thereunder do not represent an unconstitutional delegation of legislative power to the Montana Department of Commerce, the Federal Trade Commission (FTC) of the federal сourts. The Montana Unfair Trade Practices and the Consumer Protection Act (the Act) both contain sufficiently *290 declared policies and sufficiently prescribed standards for guidance to satisfy the guidelines enunciated by Montana case law and pertinent case law in other jurisdictions.
The test of whethеr an act contains sufficient expressions of legislative policy and intent to guide a department was set down by this Court in
Bacus v. Lake County
(1960),
Appellant contends that the Act in question is one that does not meet the test set out in Douglas and Bacus. The contention is that the Act is not specific enough and, therefore, gives the Department of Commerce an unbridled amount of control.
Section 30-14-101 еt seq., MCA, were modeled after Section 6 of the FTC Act which was designed to curb “unfair or deceptive acts or practices in the conduct of any trade or practice .. .” The federal act, as well as the state act, was designed to be general in nature because of the type of practices it was designed to regulate.
Atlantic Refining Company v. Federal Trade Commission
(1965),
This Act, in almost identical form, has been challenged on similar grounds in several other jurisdictions. In
State v. Reader’s Digest Association, Inc.
(1972),
“. . . The language of the amended federal act, from which RCW 19.86.020 is taken, has been with us since 1938. The federal courts have amassed an abundance of law giving shape and definition to the words and phrases challenged by respon *291 dent. Now, more than 30 years after the Supreme Court said that the phrase ‘unfair methods of competition’ does not admit to ‘precise definition’, we can say that phrase, and the amended languagе has a meaning well settled in federal trade regulation law. RCW 19.86.020 directs us to be guided by the federal law. Thus, in interpreting the language of RCW 19.86.020 we must hold that the phrases ‘unfair methods of competition’ and ‘unfair or deceptive acts or practices’ have a sufficiently well established meaning in common law and fеderal trade law, by which we are guided, to meet any constitutional challenge of vagueness.”501 P.2d at 301 .
The case of
Department of Legal Affairs v. Rogers
(Fla. 1976),
The.cases cited by appellant are distinguishable because they involve judicial interpretation of legislation that differs greatly from the type of legislаtion involved here. For instance,
Affiliated Distillers Brands Corp. v. Gillis
(S.D. 1964),
When reviewing the constitutionality of a given law, it is important to keep in mind the basic premise, well recognized in Montana, that the constitutionality of a legislative enactment is
prima facie
presumed, and every intendment in its favor will be made unless its unconstitutionality appears beyond a reasonable doubt.
State ex rel. Mills v. Dixon
(1923),
Appellant also contends that section 30-14-104, MCA, and the administrative rules promulgated thereunder represent an unconstitutional delegation of legislative power to the FTC and the federal courts. This contention lacks merit. The statute does not mandate that the Department adopt all future rules of the FTC. Rather, it allows the Department to аdopt rules, if it chooses to, so long as those rules are not inconsistent with the rules and decisions of the FTC, the federal courts and this Court. In both its arguments and citations, appellant ignores the discretionary nature of the phrase “the department may make rules interpreting” contained in section 30-14-104, MCA. The effect is that the Department is adopting the standards of the federal rulings, but not necessarily the contents.
In
State v. Reader’s Digest Association, Inc.
(1972),
“This enables us to arrive at the statute’s meaning by the same ‘graduаl process of judicial inclusion and exclusion’ used by the federal courts. When appropriate we will consider the pertinent federal court interpretations of section 5 of the Federal Trade Commission Act. But in each case the question of what constitutes an ‘unfair method of competition’ or an ‘unfair or deceptive act or practice’ ... is for us rather than the federal courts to determine. Since federal judicial inter *293 pretations are guiding but not binding, we may consider al 1 relevant federal precedent including that decided after the enactment. .501 P.2d at 301 . Both the Act itself and the rules promulgated thereundеr satisfy the delegation test of Judge and Bacus. There is no doubt that the statutes were validly enacted and are constitutionally proper.
Appellant next contends there was insufficient evidence presented by the respondent to support the District Court award. Specifically, the contention is that respоndent failed to establish the actual value of the vehicle at the time of the transaction and, therefore, failed to prove actual damages.
Appellant has misconstrued the judgment of the District Court. The District Court judgment was based upon rescission-it was not an award of actual damages. From thе District Court’s conclusions of law we find the statement that, “. . . the plaintiff is entitled to rescission of the contract between the parties and the return of the full amount paid by plaintiff to defendant.” Since the judgment was based upon rescission, there is no need to discuss the contention of whether there was substantiаl evidence on the record to support an actual damage award.
Appellant further contends that there was insufficient evidence to support an award of exemplary damages under section 30-14-133, MCA, of the Montana Unfair Trade Practices and Consumer Protection Act. Appellаnt alleges that a plaintiff must show malice, oppression, or fraud on the defendant’s part to recover exemplary damages.
In section 30-14-101 et seq., MCA, there is no mention of any requirement that a party must first prove malice, oppression or fraud. The damages section, section 30-14-133, MCA, provides:
“Damages-notice to public agencies-attomey fee-prior judgment as evidence. (1) Any person who purchases or leases goods or services primarily for personal, family, or household purposes and thereby suffers any ascertainable loss of money or property, real or рersonal, as a result of the use or employment by another person of a method, act, or practice declared unlawful by 30-1 Jr 103 may bring an individual but not a class action under the rules of civil procedure in the district court of *294 the county in which the seller or lessor resides or has his principal place of business or is doing business to recover damages оr $200, whichever is greater. The court may, in its discretion, award up to three times the actual damages sustained and may provide such equitable relief as it considers necessary or proper.
“(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of court shall mаil a copy of the complaint or initial pleading to the department and the appropriate county attorney and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the department and the appropriate county аttorney.
“(3) In any action brought under this section, the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action.
“(4) Any permanent injunction, judgment, or order of the court made under 30-14-111 shall be prima facie evidence in an action brought under this sectiоn that the respondent used or employed a method, act, or practice declared unlawful by 30-14-103.” (Emphasis added.)
The cases sited by appellant in support of its argument do not deal with the section in question; they involve interpretations of other statutes not relevant to the issue presented.
Appellant’s final contention is that respondent, by his actions, waived any right to rescind the contract. This contention is not supported by the facts when applied to the statutes.
The record indicates that respondent purchased the vehicle on October 21, 1978, and discovered the damage on оr about November 20, 1978. Respondent notified appellant of the damages that same week and delivered the vehicle to the appellant on December 4, 1978, at the time and place requested by appellant. During the following week and after being informed of the damages and cost to rеpair, respondent informed appellant that he did not want the vehicle and that appellant could keep it.
Section 28-2-1701 et seq., MCA, pertain to the rescission of contracts. The two sections that apply to the facts at hand are *295 sections 28-2-1711 and 28-2-1713, MCA, which provide:
“28-2-1711. When a party may rescind. A party to a contract may resincd the same in thе following cases only:
“(1) if the consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds or of any other party to the contract jointly interested with such party:
“(2) if, through the fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;
“(3) if such consideration becomes entirely void from any cause; or
“(4) if such consideration, before it is rendered to him, fails in a material respect from any cause; or
“(5) if all the other parties consent.”
“28-2-1713. How rescission accomplished. Rescissiоn, when not effected by consent, can be accomplished only by the use on the part of the party rescinding of reasonable diligence to comply with the following rules:
“(1) He must rescind promptly upon discovering the facts which entitle him to rescind if he is free from duress, menace, undue influence, or disability and is aware of his right to rescind.
“(2) He must restore to the other party everything of value he has received from him under the contract or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.” It is clear from a reading of these sections that respondent properly rescinded the contract.
The judgment of the District Court is affirmed.