reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-516 - EFFECT OF ACCEPTANCE OF GOODS — NOTICE OF DEFAULT — BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE — NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER.

28-12-516. EFFECT OF ACCEPTANCE OF GOODS — NOTICE OF DEFAULT — BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE — NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER. (1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(2) A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier if any, or be barred from any remedy against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (section 28-12-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:
(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two (2) litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (section 28-12-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
(5) The provisions of subsections (3) and (4) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (section 28-12-211).
History:
[28-12-516, added 1993, ch. 287, sec. 1, p. 1005.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-517 - REVOCATION OF ACCEPTANCE OF GOODS.

28-12-517. REVOCATION OF ACCEPTANCE OF GOODS. (1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) Without discovery of the nonconformity if the lessee’s acceptance was reasonably induced either by the lessor’s assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.
(2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.
(3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
(5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
History:
[28-12-517, added 1993, ch. 287, sec. 1, p. 1006.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-518 - COVER — SUBSTITUTE GOODS.

28-12-518. COVER — SUBSTITUTE GOODS. (1) After a default by a lessor under the lease contract of the type described in section 28-12-508(1), or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if a lessee’s cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor’s default.
(3) If a lessee’s cover is by lease agreement that for any reason does not qualify for treatment under the provisions of subsection (2) of this section, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and section 28-12-519 governs.
History:
[28-12-518, added 1993, ch. 287, sec. 1, p. 1006; am. 2004, ch. 43, sec. 39, p. 161.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-519 - LESSEE’S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.

28-12-519. LESSEE’S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under section 28-12-518(2), or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification (section 28-12-516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor’s default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor’s default or breach of warranty.
History:
[28-12-519, added 1993, ch. 287, sec. 1, p. 1007; am. 2004, ch. 43, sec. 40, p. 161.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-520 - LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.

28-12-520. LESSEE’S INCIDENTAL AND CONSEQUENTIAL DAMAGES. (1) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
(2) Consequential damages resulting from a lessor’s default include:
(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
History:
[28-12-520, added 1993, ch. 287, sec. 1, p. 1007.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-521 - LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN.

28-12-521. LESSEE’S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
History:
[28-12-521, added 1993, ch. 287, sec. 1, p. 1008.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-522 - LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY.

28-12-522. LESSEE’S RIGHT TO GOODS ON LESSOR’S INSOLVENCY. (1) Subject to the provisions of subsection (2) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (section 28-12-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within ten (10) days after receipt of the first installment of rent and security.
(2) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
History:
[28-12-522, added 1993, ch. 287, sec. 1, p. 1008.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-523 - LESSOR’S REMEDIES.

28-12-523. LESSOR’S REMEDIES. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (section /SECTsp1/>28-12-510″>28-12-510), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (section 28-12-505(1));
(b) Proceed respecting goods not identified to the lease contract (section /SECTsp1/>28-12-524″>28-12-524);
(c) Withhold delivery of the goods and take possession of goods previously delivered (section /SECTsp1/>28-12-525″>28-12-525);
(d) Stop delivery of the goods by any bailee (section 28-12-526);
(e) Dispose of the goods and recover damages (section 28-12-527), or retain the goods and recover damages (section 28-12-528), or in a proper case recover rent (section 28-12-529);
(f) Exercise any other rights or pursue any other remedies provided in the lease contract.
(2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under the provisions of subsection (1) of this section, the lessor may recover the loss resulting in the ordinary course of events from the lessee’s default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee’s default.
(3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract:
(a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsection (1) or (2) of this section; or
(b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2) of this section.
History:
[28-12-523, added 1993, ch. 287, sec. 1, p. 1008.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-524 - LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT.

28-12-524. LESSOR’S RIGHT TO IDENTIFY GOODS TO LEASE CONTRACT. (1) After default by the lessee under the lease contract of the type described in section 28-12-523(1) or section 28-12-523(3)(a) or, if agreed, after other default by the lessee, the lessor may:
(a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor’s or the supplier’s possession or control; and
(b) Dispose of goods (section 28-12-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
History:
[28-12-524, added 1993, ch. 287, sec. 1, p. 1009.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-525 - LESSOR’S RIGHT TO POSSESSION OF GOODS.

28-12-525. LESSOR’S RIGHT TO POSSESSION OF GOODS. (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
(2) After a default by the lessee under the lease contract of the type described in section 28-12-523(1) or 28-12-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises (section 28-12-527).
(3) The lessor may proceed under the provisions of subsection (2) of this section without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
History:
[28-12-525, added 1993, ch. 287, sec. 1, p. 1009.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-526 - LESSOR’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.

28-12-526. LESSOR’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE. (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(2) In pursuing its remedies under the provisions of subsection (1) of this section, the lessor may stop delivery until:
(a) Receipt of the goods by the lessee;
(b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or
(c) Such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.
(3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.
(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
History:
[28-12-526, added 1993, ch. 287, sec. 1, p. 1010; am. 2004, ch. 42, sec. 17, p. 113.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-527 - LESSOR’S RIGHTS TO DISPOSE OF GOODS.

28-12-527. LESSOR’S RIGHTS TO DISPOSE OF GOODS. (1) After a default by a lessee under the lease contract of the type described in section 28-12-523(1) or 28-12-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (section 28-12-525 or 28-12-526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default.
(3) If the lessor’s disposition is by lease agreement that for any reason does not qualify for treatment under the provisions of subsection (2) of this section, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and section 28-12-528 governs.
(4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under the provisions of this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this chapter.
(5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee’s security interest (section 28-12-508(5)).
History:
[28-12-527, added 1993, ch. 287, sec. 1, p. 1010; am. 2004, ch. 43, sec. 41, p. 162.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-528 - LESSOR’S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.

28-12-528. LESSOR’S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 28-12-504) or otherwise determined pursuant to agreement of the parties (sections 28-1-302 and 28-12-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under section 28-12-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in section 28-12-523(1) or 28-12-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present value as of the date determined under clause (i) of this subsection, of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default.
(2) If the measure of damages provided in subsection (1) of this section is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under section /SECTsp1/>28-12-530″>28-12-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
History:
[28-12-528, added 1993, ch. 287, sec. 1, p. 1011; am. 2004, ch. 43, sec. 42, p. 163.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-529 - LESSOR’S ACTION FOR THE RENT.

28-12-529. LESSOR’S ACTION FOR THE RENT. (1) After default by the lessee under the lease contract of the type described in section 28-12-523(1) or 28-12-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with the provisions of subsection (2) of this section, the lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (section 28-12-219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under section /SECTsp1/>28-12-530″>28-12-530, less expenses saved in consequence of the lessee’s default; and
(b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under section 28-12-530, less expenses saved in consequence of the lessee’s default.
(2) Except as provided in subsection (3) of this section, the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor’s control.
(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to the provisions of subsection (1) of this section. If the disposition is before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lessee for damages is governed by section 28-12-527 or 28-12-528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to section 28-12-527 or 28-12-528.
(4) Payment of the judgment for damages obtained pursuant to the provisions of subsection (1) of this section entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
(5) After default by the lessee under the lease contract of the type described in section 28-12-523(1) or section 28-12-523(3)(a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under section 28-12-527 or section 28-12-528.
History:
[28-12-529, added 1993, ch. 287, sec. 1, p. 1011.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-530 - LESSOR’S INCIDENTAL DAMAGES.

28-12-530. LESSOR’S INCIDENTAL DAMAGES. Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or otherwise resulting from the default.
History:
[28-12-530, added 1993, ch. 287, sec. 1, p. 1012.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-531 - STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS.

28-12-531. STANDING TO SUE THIRD PARTIES FOR INJURY TO GOODS. (1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (i) the lessor has a right of action against the third party, and (ii) the lessee also has a right of action against the third party if the lessee:
(a) Has a security interest in the goods;
(b) Has an insurable interest in the goods; or
(c) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract.
(3) Either party with the consent of the other may sue for the benefit of whom it may concern.
History:
[28-12-531, added 1993, ch. 287, sec. 1, p. 1012.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 5 - DEFAULT › Section 28-12-532 - LESSOR’S RIGHTS TO RESIDUAL INTEREST.

28-12-532. LESSOR’S RIGHTS TO RESIDUAL INTEREST. In addition to any other recovery permitted in this chapter or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor’s residual interest in the goods caused by the default of the lessee.
History:
[28-12-532, added 1993, ch. 287, sec. 1, p. 1013.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 21 - INDORSEMENT OF NONNEGOTIABLE INSTRUMENTS › Section 28-21-101 - INDORSEMENT OF WRITTEN CONTRACT.

28-21-101. INDORSEMENT OF WRITTEN CONTRACT. A nonnegotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement transfers all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.
History:
[(28-21-101) R.S., sec. 3600; reen. R.C. & C.L., sec. 3654; C.S., sec. 6063; I.C.A., sec. 26-1801.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 21 - INDORSEMENT OF NONNEGOTIABLE INSTRUMENTS › Section 28-21-102 - LIABILITY OF INDORSER.

28-21-102. LIABILITY OF INDORSER. Every assignor, his heirs, executors or administrators, of every such instrument in writing, is liable to the action of the assignee thereof, his executors, or administrators, if such assignee has used diligence, by the institution and prosecution of a suit against the maker of such instrument, or against his heirs, executors or administrators, for recovery of the money or property due thereon, or damages in lieu thereof; but if the institution of such suit would have been unavailing, or the maker had absconded or left, or was absent from the state when such assigned instrument became due, or absconds within twenty (20) days thereafter, such assignee, his heirs, executors or administrators, may recover against the assignor, or his heirs, executors or administrators, as if due diligence by suit had been used. By "due diligence" shall be understood the institution of suit within sixty (60) days after the maturity of the obligation.
History:
[(28-21-102) R.S., sec. 3601; reen. R.C. & C.L., sec. 3655; C.S., sec. 6064; I.C.A., sec. 26-1802.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 21 - INDORSEMENT OF NONNEGOTIABLE INSTRUMENTS › Section 28-21-103 - PROVISIONS IN CONFLICT.

28-21-103. PROVISIONS IN CONFLICT. To the extent that the provisions of this chapter may conflict with provisions of the Uniform Commercial Code, the provisions of the Uniform Commercial Code shall control in transactions where applicable.
History:
[(28-21-103) I.C., sec. 27-1803, as added by 1967, ch. 272, sec. 2, p. 745.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 22 - MONEY OF ACCOUNT AND INTEREST › Section 28-22-104 - LEGAL RATE OF INTEREST.

28-22-104. LEGAL RATE OF INTEREST. (1) When there is no express contract in writing fixing a different rate of interest, interest is allowed at the rate of twelve cents (12¢) on the hundred by the year on:
1. Money due by express contract.
2. Money after the same becomes due.
3. Money lent.
4. Money received to the use of another and retained beyond a reasonable time without the owner’s consent, express or implied.
5. Money due on the settlement of mutual accounts from the date the balance is ascertained.
6. Money due upon open accounts after three (3) months from the date of the last item.
(2) The legal rate of interest on money due on the judgment of any competent court or tribunal shall be the rate of five percent (5%) plus the base rate in effect at the time of entry of the judgment. The base rate shall be determined on July 1 of each year by the Idaho state treasurer and shall be the weekly average yield on United States treasury securities as adjusted to a constant maturity of one (1) year and rounded up to the nearest one-eighth percent (1/8%). The base rate shall be determined by the Idaho state treasurer utilizing the published interest rates during the second week in June of the year in which such interest is being calculated. The legal rate of interest as announced by the treasurer on July 1 of each year shall operate as the rate applying for the succeeding twelve (12) months to all judgments declared during such succeeding twelve (12) month period. The payment of interest and principal on each judgment shall be calculated according to a three hundred sixty-five (365) day year.
History:
[(28-22-104) 1879, p. 7, sec. 4; R.S., sec. 1263; am. 1897, p. 95, sec. 1; reen. 1899, p. 315, sec. 1; reen. R.C. & C.L., sec. 1537; C.S., sec. 2551; I.C.A., sec. 26-1904; am. 1933, ch. 197, sec. 1, p. 390; am. 1974, ch. 229, sec. 1, p. 1586; am. 1981, ch. 157, sec. 1, p. 269; am. 1987, ch. 278, sec. 7, p. 579; am. 1995, ch. 304, sec. 1, p. 1053; am. 1996, ch. 94, sec. 1, p. 280.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 22 - MONEY OF ACCOUNT AND INTEREST › Section 28-22-105 - CHECKS DISHONORED BY NONACCEPTANCE OR NONPAYMENT — LIABILITY FOR INTEREST — COLLECTION COSTS AND ATTORNEY’S FEES.

28-22-105. CHECKS DISHONORED BY NONACCEPTANCE OR NONPAYMENT — LIABILITY FOR INTEREST — COLLECTION COSTS AND ATTORNEY’S FEES. Whenever a check, as defined in section 28-3-104, Idaho Code, has been dishonored by nonacceptance or nonpayment and has not been paid within fifteen (15) days and after the holder of such check sends such notice of dishonor as provided in section 28-22-106, Idaho Code, to the drawer, then if the check does not provide for the payment of interest, or collection costs and attorney’s fees, the drawer of such check shall also be liable for payment of interest at the rate of twelve percent (12%) per annum from the date of dishonor and cost of collection not to exceed twenty dollars ($20.00) or the face amount of the check, whichever is the lesser; provided however, that if the holder of the dishonored check has the right to collect a set fee under a written agreement or has notified the drawer by a posted notice at the point of sale that the drawer will be required to pay a set collection fee if the check is dishonored, the holder is not required to give the notice of dishonor as provided in section 28-22-106, Idaho Code, and may assess a collection cost of the notice amount regardless of the size of the check, but the set fee may not exceed twenty dollars ($20.00). In addition, in the event of court action on the check, the court, after such notice and the expiration of said fifteen (15) days, shall award reasonable attorney’s fees as part of the damages payable to the holder of the check. No attorney’s fees may be awarded to a collection agency in a proceeding pursuant to section 1-2301A, Idaho Code. The provisions of this section shall not apply to any check which has been dishonored by reason of any justifiable stop payment order.
History:
[28-22-105, added 1994, ch. 185, sec. 1, p. 604; am. 1996, ch. 373, sec. 5, p. 1271; am. 2002, ch. 288, sec. 2, p. 834.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 22 - MONEY OF ACCOUNT AND INTEREST › Section 28-22-106 - STATUTORY FORM FOR NOTICE OF DISHONOR.

28-22-106. STATUTORY FORM FOR NOTICE OF DISHONOR. The notice of dishonor shall be sent either:
(1) By certified mail to the drawer at his last known address, or
(2) By regular mail, supported by an affidavit of service by mailing, to the address printed or written on the check.
(a) The affidavit of service by mailing shall be retained by the payee or holder of the check.
(b) Notice shall be deemed conclusive three (3) days following the date the affidavit is executed.
(c) The affidavit of service shall be substantially in the following form:
STATE OF ) AFFIDAVIT OF SERVICE
) BY MAIL
COUNTY OF )
……………….., being first duly sworn on oath, deposes and states that he/she is of legal age and that on (date)………., …., he/she served the attached Notice of Dishonor, by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:
…………………………
…………………………
…………………………
…………………………
and deposited the same, with postage prepaid, in the United States mail at ………………….., ………………….
Subscribed and sworn to before me this …. day of …………, …..
(SEAL)
(3) The notice of dishonor shall be substantially in the following form:
NOTICE OF DISHONOR OF CHECK
A check drawn by you and made payable by you to ………. in the amount of ………. has not been accepted for payment by ………., which is the drawee bank designated on your check. This check is dated ………., and it is numbered, No. ………
You are CAUTIONED that unless you pay the amount of this check within fifteen (15) days after the date this letter is postmarked, you may very well have to pay the following additional amounts:
(1) Costs of collecting the amount of the check, including an attorney fee which will be set by the court; and
(2) Interest on the amount of the check which shall accrue at the rate of twelve percent (12%) per annum from the date of dishonor.
You are advised to make your payment to ………. at the following address: ………..
(4) The issuance of a check with an address printed or written on it is a representation by the drawer that the address is the correct address for receipt of mail concerning the check. Failure of the drawer to receive a regular or certified mail notice sent to that address is not a defense to liability under this section provided the drawer has had actual notice for fifteen (15) days that the check has been dishonored.
(5) The check is prima facie evidence of the identity of the drawer if the name, home or work address, and home or work telephone number of the drawer are either recorded by the person receiving the check or printed on the face of the check.
History:
[28-22-106, added 1994, ch. 185, sec. 2, p. 605; am. 2002, ch. 288, sec. 3, p. 835.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 22 - MONEY OF ACCOUNT AND INTEREST › Section 28-22-107 - CONSEQUENCES FOR FAILING TO COMPLY WITH REQUIREMENTS.

28-22-107. CONSEQUENCES FOR FAILING TO COMPLY WITH REQUIREMENTS. No interest, collection costs and attorney’s fees shall be recovered on any dishonored check under the provisions of section 28-22-105, Idaho Code, where the holder of such check or any agent, employee or assignee of the holder has demanded:
(1) Interest or collection costs in excess of that provided in section 28-22-105, Idaho Code; or
(2) Interest or collection costs prior to the expiration of fifteen (15) days after the mailing of notice of dishonor, as provided in sections 28-22-105 and 28-22-106, Idaho Code; or
(3) Attorney’s fees, either without having such fees set by the court, or prior to the expiration of fifteen (15) days after the mailing of notice of dishonor, as provided in sections 28-22-105 and 28-22-106, Idaho Code.
The provisions of this section shall not prohibit the collection of a set collection fee which does not exceed twenty dollars ($20.00), if the holder has the right to collect a set fee under a written agreement or has notified the drawer at the point of sale that the drawer will be required to pay the set collection fee in the event a check is dishonored.
History:
[28-22-107, added 1994, ch. 185, sec. 3, p. 605; am. 1996, ch. 373, sec. 6, p. 1272; am. 2002, ch. 288, sec. 4, p. 836.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-103 - PROVISIONS OF CONTRACT SUPPLEMENTED.

28-23-103. PROVISIONS OF CONTRACT SUPPLEMENTED. The provisions of this section shall be supplemental to any agreement between the retailer and the manufacturer, wholesaler or distributor covering the return of farm implements, equipment, machinery, attachments or repair parts. The retailer can elect to pursue either his contract remedy or the remedy provided herein, and an election by the retailer to pursue his contract remedy shall not bar his right to the remedy provided herein as to those farm implements, equipment, machinery, attachments or repair parts not affected by the contract remedy. Notwithstanding anything contained herein, the rights of a manufacturer, wholesaler or distributor to charge back to the retailer’s account amounts previously paid or credited as a discount incident to the retailer’s purchase of goods shall not be affected. Further, any repurchase hereunder shall not be subject to the provisions of the bulk sales law.
History:
[28-23-103, added 1975, ch. 97, sec. 3, p. 197; am. 2011, ch. 270, sec. 4, p. 732.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-104 - DEATH OF DEALER — REPURCHASE FROM HEIRS.

28-23-104. DEATH OF DEALER — REPURCHASE FROM HEIRS. In the event of the death of the retail dealer or a stockholder in a corporation operating a retail dealership in the business of selling and retailing farm implements, equipment, machinery, attachments or repair parts therefor, at the election of the dealer or corporation, the manufacturer, wholesaler or distributor shall, unless the heir or heirs of the deceased elect to continue to operate the dealership, repurchase the merchandise from the heir or heirs upon the same terms and conditions as are otherwise provided in this chapter. In the event the heir or heirs do not agree to continue to operate the retail dealership, it shall be deemed a cancellation or discontinuance of the contract by the retailer under the provisions of sections 28-23-101 and 28-23-102, Idaho Code.
History:
[28-23-104, added 1975, ch. 97, sec. 4, p. 197; am. 2011, ch. 270, sec. 5, p. 733.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-105 - FAILURE TO PAY SUMS SPECIFIED ON CANCELLATION OF CONTRACTS — LIABILITY.

28-23-105. FAILURE TO PAY SUMS SPECIFIED ON CANCELLATION OF CONTRACTS — LIABILITY. In the event that any manufacturer, wholesaler or distributor of farm implements, equipment, machinery, attachments, accessories or repair parts, upon the cancellation of a contract by either a retailer or such manufacturer, wholesaler or distributor, fails or refuses to make payment to the dealer or his heir or heirs as required by the provisions of this chapter, or any other violations of the provisions of this chapter, the manufacturer, wholesaler or distributor shall be liable in a civil action to be brought by the retailer or his heir or heirs for (a) one hundred percent (100%) of the net cost of the farm implements, equipment, machinery, attachments and accessories, (b) transportation charges required in section 28-23-102, Idaho Code, which have been paid by the retailer, or invoiced to the retailer’s account, (c) one hundred percent (100%) of the current net price of repair parts, (d) five percent (5%) for handling, packing and loading, if applicable, (e) one hundred percent (100%) of the current net price for manuals and repair manuals, (f) reasonable reimbursement for services performed in connection with assembly and predelivery inspections of the equipment and (g) additionally, any judgment rendered by a court of competent jurisdiction for the plaintiff in a suit filed pursuant to this section may include damages in the amount of two (2) times the compensatory damages found due and owning [owing]. A person, firm or corporation which brings an action under this section must commence the action in the county in which the principal place of business of the retailer is located.
History:
[28-23-105, added 1975, ch. 97, sec. 5, p. 197; am. 2005, ch. 238, sec. 3, p. 733; am. 2011, ch. 270, sec. 6, p. 733.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-106 - EXCEPTIONS.

28-23-106. EXCEPTIONS. This act shall not require the repurchase from a retailer of a repair part where the retailer previously has failed to return the repair part to the wholesaler, manufacturer or distributor after being offered a reasonable opportunity to return the repair part at a price not less than one hundred percent (100%) of the net price of the repair part as listed in the then current price list or catalog, and transportation charges required in section 28-23-102, Idaho Code, which have been paid by the retailer, or invoiced to the retailer’s account. This act shall not require the repurchase from a retailer of repair parts the retailer purchased in a set of multiple parts, unless the set is complete and in resalable condition and parts which because of their condition are not resalable without reconditioning.
History:
[28-23-106, added 1975, ch. 97, sec. 6, p. 197; am. 2005, ch. 238, sec. 4, p. 733.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-107 - DEFINITION.

28-23-107. DEFINITION. For the purposes of this chapter, "farm implements" means every vehicle designed or adapted and used exclusively for agricultural operations and only incidentally operated or used upon the highways and all other consumer products supplied by the wholesaler, manufacturer or distributor of farm implements, equipment, machinery, attachments or repair parts to the retailer pursuant to a written or oral contract, sales agreement or security agreement.
History:
[28-23-107, added 1975, ch. 97, sec. 7, p. 197; am. 2011, ch. 270, sec. 7, p. 733.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-108 - GUARANTY AND SECURITY AGREEMENT NOTICE REQUIREMENTS.

28-23-108. GUARANTY AND SECURITY AGREEMENT NOTICE REQUIREMENTS. All wholesalers, manufacturers or distributors of farm implements, equipment, machinery, attachments, accessories or repair parts shall give the retailer a minimum of ninety (90) days’ notice in writing and obtain consent from the dealer before changing the time and manner of payment of any indebtedness owed by retailer to manufacturer, distributor or wholesaler, and before taking and making any changes in notes or security for any indebtedness, and before releasing or adding additional guarantors, and before granting renewals or extensions of such indebtedness.
History:
[28-23-108, added 1975, ch. 97, sec. 8, p. 197; am. 2005, ch. 238, sec. 5, p. 734; am. 2011, ch. 270, sec. 8, p. 734.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-109 - GUARANTY AND SECURITY AGREEMENT PERSONAL ASSET LIMIT.

28-23-109. GUARANTY AND SECURITY AGREEMENT PERSONAL ASSET LIMIT. No party or person signing a security agreement or guaranty agreement with a manufacturer, distributor or wholesaler, shall be required to pledge or encumber its or his personal assets in a value in excess of the amount of the indebtedness secured.
History:
[28-23-109, added 1975, ch. 97, sec. 9, p. 197.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-110 - PENALTY FOR FAILURE TO GIVE NOTICE OR OBTAIN CONSENT.

28-23-110. PENALTY FOR FAILURE TO GIVE NOTICE OR OBTAIN CONSENT. In the event that any manufacturer, wholesaler or distributor of farm implements, equipment, machinery, attachments and repair parts fails to give notice or obtain consent pursuant to section 28-23-108, Idaho Code, or fails or refuses to comply with section 28-23-109, Idaho Code, the guaranty or security agreement thereby affected will be deemed cancelled and terminated.
History:
[28-23-110, added 1975, ch. 97, sec. 10, p. 197; am. 2011, ch. 270, sec. 9, p. 734.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 23 - REPURCHASE OF FARM MACHINERY AND EQUIPMENT UPON TERMINATION OF CONTRACT › Section 28-23-111 - APPLICATION.

28-23-111. APPLICATION. This act shall apply to all franchise agreements, security agreements and guaranty agreements dated prior to July 1, 1975, and all franchise agreements, security agreements and guaranty agreements dated on or after July 1, 1975.
History:
[28-23-111, added 1975, ch. 97, sec. 11, p. 197.]