reglab/housing_qa huggingface dataset:
ID Code § 28-3-420 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 4 - LIABILITY OF PARTIES|Section 28-3-420 - CONVERSION OF INSTRUMENT.

28-3-420. CONVERSION OF INSTRUMENT. (1) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a copayee. (2) In an action under subsection (1) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff’s interest in the instrument. (3) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.  History: [28-3-420, added 1993, ch. 288, sec. 2, p. 1047.]
ID Code § 28-3-501 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 5 - PRESENTMENT, NOTICE OF DISHONOR AND PROTEST|Section 28-3-501 - PRESENTMENT.

28-3-501. PRESENTMENT. (1) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee. (2) The following rules are subject to chapter 4, agreement of the parties, and clearing-house rules and the like: (a) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one (1) of two (2) or more makers, acceptors, drawees or other payors. (b) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (c) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (d) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.  History: [28-3-501, added 1993, ch. 288, sec. 2, p. 1047.]
ID Code § 28-3-503 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 5 - PRESENTMENT, NOTICE OF DISHONOR AND PROTEST|Section 28-3-503 - NOTICE OF DISHONOR.

28-3-503. NOTICE OF DISHONOR. (1) The obligation of an indorser stated in section 28-3-415(1) and the obligation of a drawer stated in section 28-3-414(4) may not be enforced unless, (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section, or (ii) notice of dishonor is excused under section 28-3-504(2). (2) Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. (3) Subject to section 28-3-504(3) with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within thirty (30) days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within thirty (30) days following the day on which dishonor occurs.  History: [28-3-503, added 1993, ch. 288, sec. 2, p. 1049.]
ID Code § 28-3-504 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 5 - PRESENTMENT, NOTICE OF DISHONOR AND PROTEST|Section 28-3-504 - EXCUSED PRESENTMENT AND NOTICE OF DISHONOR.

28-3-504. EXCUSED PRESENTMENT AND NOTICE OF DISHONOR. (1) Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft. (2) Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor. (3) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.  History: [28-3-504, added 1993, ch. 288, sec. 2, p. 1050.]
ID Code § 28-3-505 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 5 - PRESENTMENT, NOTICE OF DISHONOR AND PROTEST|Section 28-3-505 - EVIDENCE OF DISHONOR.

28-3-505. EVIDENCE OF DISHONOR. (1) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (a) A document regular in form as provided in subsection (2) of this section which purports to be a protest; (b) A purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; (c) A book or record of the drawee, payor bank or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. (2) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.  History: [28-3-505, added 1993, ch. 288, sec. 2, p. 1050.]
ID Code § 28-3-601 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 6 - DISCHARGE AND PAYMENT|Section 28-3-601 - DISCHARGE AND EFFECT OF DISCHARGE.

28-3-601. DISCHARGE AND EFFECT OF DISCHARGE. (1) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. (2) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.  History: [28-3-601, added 1993, ch. 288, sec. 2, p. 1050.]
ID Code § 28-3-602 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 6 - DISCHARGE AND PAYMENT|Section 28-3-602 - PAYMENT.

28-3-602. PAYMENT. (1) Subject to subsection (2) of this section, an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under section 28-3-306 by another person. (2) The obligation of a party to pay the instrument is not discharged under subsection (1) of this section if: (a) A claim to the instrument under section 28-3-306 is enforceable against the party receiving payment and (i) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or (ii) in the case of an instrument other than a cashier’s check, teller’s check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (b) The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.  History: [28-3-602, added 1993, ch. 288, sec. 2, p. 1051.]
ID Code § 28-3-603 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 6 - DISCHARGE AND PAYMENT|Section 28-3-603 - TENDER OF PAYMENT.

28-3-603. TENDER OF PAYMENT. (1) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. (2) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (3) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.  History: [28-3-603, added 1993, ch. 288, sec. 2, p. 1051.]
ID Code § 28-3-604 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 3 - UNIFORM COMMERCIAL CODE — NEGOTIABLE INSTRUMENTS|Part 6 - DISCHARGE AND PAYMENT|Section 28-3-604 - DISCHARGE BY CANCELLATION OR RENUNCIATION.

28-3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION. (1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the party’s signature, or the addition of words to the instrument indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. (2) Cancellation or striking out of an indorsement pursuant to subsection (1) of this section does not affect the status and rights of a party derived from the indorsement.  History: [28-3-604, added 1993, ch. 288, sec. 2, p. 1051.]
ID Code § 28-4-101 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-101 - SHORT TITLE.

28-4-101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code — Bank Deposits and Collections.  History: [28-4-101, added 1967, ch. 161, sec. 4-101, p. 351; am. 1993, ch. 288, sec. 3, p. 1053.]
ID Code § 28-4-102 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-102 - APPLICABILITY.

28-4-102. APPLICABILITY. (1) To the extent that items within this chapter are also within chapters 3 and 8, they are subject to the provisions of those chapters. If there is conflict, the provisions of this chapter govern those of chapter 3, but the provisions of chapter 8 govern those of this chapter. (2) The liability of a bank for action or nonaction with respect to an item handled by it for purposes of presentment, payment or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.  History: [28-4-102, added 1967, ch. 161, sec. 4-102, p. 351; am. 1993, ch. 288, sec. 4, p. 1053.]
ID Code § 28-4-103 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-103 - VARIATION BY AGREEMENT — MEASURE OF DAMAGES — CERTAIN ACTION CONSTITUTING ORDINARY CARE.

28-4-103. VARIATION BY AGREEMENT — MEASURE OF DAMAGES — CERTAIN ACTION CONSTITUTING ORDINARY CARE. (1) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care, or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable. (2) Federal reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (1) of this section, whether or not specifically assented to by all parties interested in items handled. (3) Action or nonaction approved by this chapter or pursuant to federal reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this chapter, is prima facie the exercise of ordinary care. (4) The specification or approval of certain procedures by this chapter is not disapproval of other procedures that may be reasonable under the circumstances. (5) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.  History: [28-4-103, added 1967, ch. 161, sec. 4-103, p. 351; am. 1993, ch. 288, sec. 5, p. 1053.]
ID Code § 28-4-105 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-105 - “BANK” — “DEPOSITARY BANK” — “INTERMEDIARY BANK” — “COLLECTING BANK” — “PAYOR BANK” — “PRESENTING BANK.”

28-4-105. "BANK" — "DEPOSITARY BANK" — "INTERMEDIARY BANK" — "COLLECTING BANK" — "PAYOR BANK" — "PRESENTING BANK." In this chapter: (1) "Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union or trust company; (2) "Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter; (3) "Payor bank" means a bank that is the drawee of a draft; (4) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank; (5) "Collecting bank" means a bank handling the item for collection except the payor bank; (6) "Presenting bank" means a bank presenting an item except a payor bank.  History: [28-4-105, added 1967, ch. 161, sec. 4-105, p. 351; am. 1993, ch. 288, sec. 7, p. 1056.]
ID Code § 28-4-106 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-106 - PAYABLE THROUGH OR PAYABLE AT BANK — COLLECTING BANK.

28-4-106. PAYABLE THROUGH OR PAYABLE AT BANK — COLLECTING BANK. (1) If an item states that it is "payable through" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank. (2) If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank. (3) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a codrawee or a collecting bank, the bank is a collecting bank.  History: [28-4-106, added 1993, ch. 288, sec. 8, p. 1056.]
ID Code § 28-4-107 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-107 - SEPARATE OFFICE OF A BANK.

28-4-107. SEPARATE OFFICE OF A BANK. A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this chapter and under chapter 3.  History: [(28-4-107) 1967, ch. 161, sec. 4-106, p. 351; am. and redesig. 1993, ch. 288, sec. 9, p. 1056.]
ID Code § 28-4-108 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-108 - TIME OF RECEIPT OF ITEMS.

28-4-108. TIME OF RECEIPT OF ITEMS. (1) For the purpose of allowing time to process items, prove balances and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2 P.M. or later as a cutoff hour for the handling of money and items and the making of entries on its books. (2) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.  History: [(28-4-108) 1967, ch. 161, sec. 4-107, p. 351; am. and redesig. 1993, ch. 288, sec. 10, p. 1057.]
ID Code § 28-4-109 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-109 - DELAYS.

28-4-109. DELAYS. (1) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank and with or without the approval of any person involved, may waive, modify or extend time limits imposed or permitted by this chapter for a period not exceeding two (2) additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party. (2) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this chapter or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.  History: [(28-4-109) 1967, ch. 161, sec. 4-108, p. 351; am. and redesig. 1993, ch. 288, sec. 11, p. 1057.]
ID Code § 28-4-110 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-110 - ELECTRONIC PRESENTMENT.

28-4-110. ELECTRONIC PRESENTMENT. (1) "Agreement for electronic presentment" means an agreement, clearing-house rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor and other matters concerning items subject to the agreement. (2) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received. (3) If presentment is made by presentment notice, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates.  History: [28-4-110, added 1993, ch. 288, sec. 13, p. 1057.]
ID Code § 28-4-111 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 4 - UNIFORM COMMERCIAL CODE — BANK DEPOSITS AND COLLECTIONS|Part 1 - GENERAL PROVISIONS AND DEFINITIONS|Section 28-4-111 - STATUTE OF LIMITATIONS.

28-4-111. STATUTE OF LIMITATIONS. An action to enforce an obligation, duty or right arising under this chapter must be commenced within three (3) years after the cause of action accrues.  History: [28-4-111, added 1993, ch. 288, sec. 14, p. 1058.]