reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-114 - AUTOMATED TRANSACTION.

28-50-114. AUTOMATED TRANSACTION. In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
History:
[28-50-114, added 2000, ch. 286, sec. 1, p. 965.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-115 - TIME AND PLACE OF SENDING AND RECEIPT.

28-50-115. TIME AND PLACE OF SENDING AND RECEIPT. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) Is in a form capable of being processed by that system; and
(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) It is in a form capable of being processed by that system.
(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:
(1) If the sender or recipient has more than one (1) place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
History:
[28-50-115, added 2000, ch. 286, sec. 1, p. 965.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-117 - CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.

28-50-117. CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES. Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
History:
[28-50-117, added 2000, ch. 286, sec. 1, p. 967.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-118 - ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.

28-50-118. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES. (a) Except as otherwise provided in section 28-50-112(f), Idaho Code, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the governmental agency, giving due consideration to security, may specify:
(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and
(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in section 28-50-112(f), Idaho Code, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
History:
[28-50-118, added 2000, ch. 286, sec. 1, p. 967.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-119 - INTEROPERABILITY.

28-50-119. INTEROPERABILITY. The governmental agency of this state which adopts standards pursuant to section 28-50-118, Idaho Code, may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
History:
[28-50-119, added 2000, ch. 286, sec. 1, p. 968.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 50 - UNIFORM ELECTRONIC TRANSACTIONS ACT › Section 28-50-120 - SEVERABILITY CLAUSE.

28-50-120. SEVERABILITY CLAUSE. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
[28-50-120, added 2000, ch. 286, sec. 1, p. 968.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 51 - IDENTITY THEFT › Section 28-51-103 - PAYMENT CARD RECEIPTS.

28-51-103. PAYMENT CARD RECEIPTS. (1) As used in this section, the term:
(a) "Cardholder" means a person or organization named on the face of a payment card to whom or for whose benefit the payment card is issued.
(b) "Merchant" means a person or organization who receives from a cardholder a payment card, or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person or organization.
(c) "Payment card" means a credit card, charge card, debit card, or any other card that is issued to a cardholder and that allows the cardholder to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
(2) A merchant who accepts a payment card for the transaction of business may not print more than the last five (5) digits of the payment card’s account number or print the payment card’s expiration date on a receipt provided to the cardholder. This subsection does not apply to a transaction in which the sole means of recording the payment card’s account number or expiration date is by handwriting or by an imprint or copy of the payment card. Effective January 1, 2004, this section applies to all receipts that are electronically printed using a cash register or other machine or device that is first used on or after July 1, 2003. Effective January 1, 2005, this section applies to all receipts that are electronically printed, including those printed using a cash register or other machine or device that is first used before July 1, 2003.
(3) A merchant who violates this section shall be subject to a civil penalty of not more than two hundred fifty dollars ($250) for the first violation and one thousand dollars ($1,000) for a second or subsequent violation. An action to recover the civil penalty may be brought by a prosecuting attorney. If the prosecuting attorney does not file an action for such a civil penalty within sixty (60) days from the date the violation is reported by the cardholder whose payment card number was printed on a receipt in violation of this section, the cardholder may file such action. Venue for an action under this section shall be in the county in which the transaction occurred or the county in which the cardholder resides or the county in which the merchant has its principal place of business in this state.
The penalties provided in this section are in addition to any other remedy at law or equity available to a cardholder.
Any civil penalty imposed pursuant to this section shall be deposited in the state general fund. Attorney’s fees shall be paid solely to the party successfully bringing the action.
History:
[28-51-103, added 2003, ch. 134, sec. 2, p. 391.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 51 - IDENTITY THEFT › Section 28-51-106 - PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH REQUIREMENTS.

28-51-106. PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH REQUIREMENTS. (1) An agency, individual or a commercial entity that maintains its own notice procedures as part of an information security policy for the treatment of personal information, and whose procedures are otherwise consistent with the timing requirements of section 28-51-105, Idaho Code, is deemed to be in compliance with the notice requirements of section 28-51-105, Idaho Code, if the agency, individual or the commercial entity notifies affected Idaho residents in accordance with its policies in the event of a breach of security of the system.
(2) An individual or a commercial entity that is regulated by state or federal law and that maintains procedures for a breach of the security of the system pursuant to the laws, rules, regulations, guidances, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with section 28-51-105, Idaho Code, if the individual or the commercial entity complies with the maintained procedures when a breach of the security of the system occurs.
History:
[28-51-106, added 2006, ch. 258, sec. 1, p. 798.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 51 - IDENTITY THEFT › Section 28-51-107 - VIOLATIONS.

28-51-107. VIOLATIONS. In any case in which an agency’s, commercial entity’s or individual’s primary regulator has reason to believe that an agency, individual or commercial entity subject to that primary regulator’s jurisdiction under section 28-51-104(6), Idaho Code, has violated section 28-51-105, Idaho Code, by failing to give notice in accordance with that section, the primary regulator may bring a civil action to enforce compliance with that section and enjoin that agency, individual or commercial entity from further violations. Any agency, individual or commercial entity that intentionally fails to give notice in accordance with section 28-51-105, Idaho Code, shall be subject to a fine of not more than twenty-five thousand dollars ($25,000) per breach of the security of the system.
History:
[28-51-107, added 2006, ch. 258, sec. 1, p. 798.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 52 - CREDIT REPORT PROTECTION ACT › Section 28-52-102 - DEFINITIONS.

28-52-102. DEFINITIONS. In this chapter:
(1) "Consumer" means a natural person.
(2) "Consumer reporting agency" means a person who, for fees, dues or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer’s credit or other information for the purpose of furnishing a credit report to another person.
(3) "Credit report" means a consumer report, as defined in 15 U.S.C. section 1681a, that is used or collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit for personal, family or household purposes.
(4) "Personal information" means personally identifiable financial information provided by a consumer to another person, resulting from any transaction with the consumer or any service performed for the consumer or otherwise obtained by another person. Personal information does not include publicly available information, as that term is defined by regulations prescribed under 15 U.S.C. section 6804, or any list, description or other grouping of consumers, and publicly available information pertaining to consumers that is derived without using any nonpublic personal information. Notwithstanding the foregoing, "personal information" includes any list, description or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information.
(5) "Proper identification" has the same meaning as in 15 U.S.C. section 1681h(a)(1) and includes:
(a) The consumer’s full name, including first, middle and last names and any suffix;
(b) Any name the consumer previously used;
(c) The consumer’s current and recent full addresses, including street address, any apartment number, city, state and zip code;
(d) The consumer’s social security number; and
(e) The consumer’s date of birth.
(6) "Security freeze" means a prohibition, consistent with section 28-52-103, Idaho Code, on a consumer reporting agency’s furnishing of a consumer’s credit report to a third party intending to use the credit report to determine the consumer’s eligibility for credit.
History:
[28-52-102, added 2008, ch. 177, sec. 2, p. 523.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 52 - CREDIT REPORT PROTECTION ACT › Section 28-52-103 - SECURITY FREEZE.

28-52-103. SECURITY FREEZE. (1) A consumer may place a security freeze on the consumer’s credit report by:
(a) Making a request to a consumer reporting agency in writing by regular or certified mail at an address designated by the consumer reporting agency to receive the request;
(b) Providing proper identification; and
(c) Paying the fee required by the consumer reporting agency in accordance with section 28-52-106, Idaho Code.
(2) Upon receiving a request from a consumer under subsection (1) of this section, the consumer reporting agency shall:
(a) Place a security freeze on the consumer’s credit report within three (3) business days after receiving the consumer’s request; and
(b) Within five (5) business days after placing the security freeze, send a written confirmation of the security freeze to the consumer and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorizations for removal or temporary lifts of the security freeze under section 28-52-104, Idaho Code.
(3) If a security freeze is in place, a consumer reporting agency may not release a consumer’s credit report, or information from the credit report, to a third party that intends to use the information to determine a consumer’s eligibility for credit without prior authorization from the consumer.
(4) Notwithstanding subsection (3) of this section, a consumer reporting agency may communicate to a third party requesting a consumer’s credit report that a security freeze is in effect on the consumer’s credit report. If a third party requesting a consumer’s credit report in connection with the consumer’s application for credit is notified of the existence of a security freeze under this section, the third party may treat the consumer’s application as incomplete.
(5) A consumer reporting agency shall require proper identification of the consumer requesting to place, remove or temporarily remove a security freeze.
(6) A consumer reporting agency shall develop a contact method to receive and process a consumer’s request to permanently remove or temporarily lift a security freeze. The contact method may include: a postal address; an electronic contact method chosen by the consumer reporting agency, which may include the use of fax, internet or other electronic means; or the use of telephone in a manner that is consistent with any federal requirements placed on the consumer reporting agency. By no later than September 1, 2008, a consumer reporting agency shall develop a secure electronic means for a consumer to request the temporary lift of a security freeze.
(7) A security freeze placed under this section may be removed only in accordance with section 28-52-104, Idaho Code.
History:
[28-52-103, added 2008, ch. 177, sec. 2, p. 523.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 52 - CREDIT REPORT PROTECTION ACT › Section 28-52-106 - FEES FOR SECURITY FREEZE.

28-52-106. FEES FOR SECURITY FREEZE. (1) Except as provided in subsection (2) of this section, a consumer reporting agency may not charge an administrative fee to a consumer for the first placement of a security freeze during a twelve (12) month period, and for the first temporary lift of a security freeze during a twelve (12) month period. A consumer reporting agency may charge an administrative fee, not to exceed six dollars ($6.00), to a consumer for the second or subsequent placement of a security freeze during a twelve (12) month period, and six dollars ($6.00) for the second or subsequent temporary lift of a security freeze during a twelve (12) month period.
(2) A consumer reporting agency may not charge a fee under section 28-52-103(1)(c), Idaho Code, to a consumer who has been the victim of identity theft and who has submitted to the consumer reporting agency a valid police report, an investigative report or complaint that the consumer has filed with a law enforcement agency.
(3) A consumer may be charged a reasonable fee, not to exceed ten dollars ($10.00), if the consumer fails to retain the original personal identification number, password or other device provided by the consumer reporting agency and if the consumer asks the consumer reporting agency to reissue the same or a new personal identification number, password or other device.
History:
[28-52-106, added 2008, ch. 177, sec. 2, p. 527; am. 2018, ch. 163, sec. 1, p. 322.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 52 - CREDIT REPORT PROTECTION ACT › Section 28-52-107 - CHANGES TO INFORMATION IN A CREDIT REPORT SUBJECT TO A SECURITY FREEZE.

28-52-107. CHANGES TO INFORMATION IN A CREDIT REPORT SUBJECT TO A SECURITY FREEZE. (1) If a credit report is subject to a security freeze, a consumer reporting agency shall notify the consumer who is the subject of the credit report within thirty (30) days if the consumer reporting agency changes the consumer’s name, date of birth, social security number or address.
(2) Notwithstanding subsection (1) of this section, a consumer reporting agency may make technical modifications to information in a credit report that is subject to a security freeze without providing notification to the consumer. Technical modifications include the addition or subtraction of abbreviations to names and addresses and transpositions or corrections of incorrect numbering or spelling.
(3) When providing notice of a change of address under subsection (1) of this section, the consumer reporting agency shall provide notice to the consumer at both the new address and the former address.
History:
[28-52-107, added 2008, ch. 177, sec. 2, p. 527.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 52 - CREDIT REPORT PROTECTION ACT › Section 28-52-108 - PROTECTION OF PERSONAL INFORMATION.

28-52-108. PROTECTION OF PERSONAL INFORMATION. (1) Except as otherwise specifically provided by law, a person shall not intentionally communicate an individual’s social security number to the general public.
(2) The state of Idaho, a department, agency, board, commission or other political subdivision may not employ or contract for the employment of an inmate in any facility operated by the department of correction or private correctional facility contracted with the department of correction or county jail in any capacity that would allow any inmate access to any other person’s personal information.
History:
[28-52-108, added 2008, ch. 177, sec. 2, p. 527.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 53 - DIGITAL ASSETS › Section 28-5302 - SCOPE.

28-5302. SCOPE. This chapter defines the legal status of digital assets. Digital assets are subject to applicable laws or rules that apply to their business or activity.
History:
[28-5302, added 2022, ch. 284, sec. 1, p. 901.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 53 - DIGITAL ASSETS › Section 28-5303 - DEFINITIONS.

28-5303. DEFINITIONS. As used in this chapter:
(1) "Adverse claim" means a claimant that has a property interest in a virtual currency or a right to payment evidenced by the virtual currency.
(2) "Control" means the ability to exclude others from the use of property and includes the following:
(a) A secured party, or an agent, custodian, fiduciary, or trustee of the party, that has complied with section 28-8-106, Idaho Code, including by means of a private key or the use of a multi-signature arrangement exclusive to the secured party or any substantially similar analogue; and
(b) A smart contract created by a secured party to comply with section 28-8-106, Idaho Code. As used in this paragraph, "smart contract" means an automated transaction as described in section 28-50-114, Idaho Code, or any substantially similar analogue comprised of code, script, or programming language that executes the terms of an agreement and may include taking custody of and transferring an asset or issuing executable instructions for these actions, based on the occurrence or nonoccurrence of specified conditions.
(3) "Digital asset" means a representation of economic, proprietary, or access rights that is stored in a computer-readable format and includes an open blockchain token, digital commodity, digital security, virtual currency, and any other controllable electronic record.
(4) "Digital security" means a digital asset that constitutes a security as defined in section 30-14-102, Idaho Code.
(5) "Multi-signature arrangement" means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset in which two (2) or more private keys are required to conduct a transaction or any other substantially similar analogue.
(6) "Possession" includes use of a private key, a multi-signature arrangement exclusive to the secured party, a smart contract as defined in this section, or any substantially similar analogue. "Possession" shall also include delivery of certificated digital securities consistent with section 28-8-301(1)(a), Idaho Code.
(7) "Private key" means a unique element of cryptographic data or any substantially similar analogue that is:
(a) Held by a person;
(b) Paired with a unique, publicly available element of cryptographic data; and
(c) Associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction.
(8) "Virtual currency" means a digital asset that is used as a medium of exchange, unit of account, or store of value.
History:
[28-5303, added 2022, ch. 284, sec. 1, p. 902.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 53 - DIGITAL ASSETS › Section 28-5304 - CLASSIFICATION OF DIGITAL ASSETS.

28-5304. CLASSIFICATION OF DIGITAL ASSETS. Digital assets are intangible personal property and are classified as follows:
(1) Digital assets are intangible personal property and are general intangibles as defined in section 28-9-102, Idaho Code.
(2) Digital securities are intangible personal property and are investment property as defined in section 28-9-102, Idaho Code.
(3) Virtual currency is intangible personal property and is not a security, notwithstanding section 30-14-102, Idaho Code.
History:
[28-5304, added 2022, ch. 284, sec. 1, p. 902.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 53 - DIGITAL ASSETS › Section 28-5305 - PURCHASE AND SALE.

28-5305. PURCHASE AND SALE. (1) Digital assets may be purchased and sold in the same manner and subject to the same laws of this state as other personal property. A purchaser or seller may be identified in any way including by name, identifying number, private key, office, or account number.
(2) Except as provided in subsection (3) of this section, a purchaser takes a right to payment, right to performance or interest in property evidenced by a digital asset subject to a claim of a property right, right to payment, and right to performance or interest in property evidenced by the digital asset.
(3) An action based on a claim of a property right, right to performance, or right of payment may not be asserted against a qualified purchaser. For the purposes of this subsection, a qualified purchaser is a purchaser of a digital asset or an interest in a digital asset that obtains the digital asset for value, in good faith, and without notice of a claim of a property right in the digital asset.
History:
[28-5305, added 2022, ch. 284, sec. 1, p. 903.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 53 - DIGITAL ASSETS › Section 28-5306 - PERFECTION BY POSSESSION OR CONTROL.

28-5306. PERFECTION BY POSSESSION OR CONTROL. (1) Perfection by possession creates a possessory security interest under section 28-9-301, Idaho Code.
(2) A security interest held by a secured party having possession or control has priority over a security interest held by a secured party that does not have possession or control, as applicable. Other provisions of law relating to perfection and priority of security interests, including section 28-9-207, Idaho Code, and priority of control over delivery, shall apply, except that section 28-9-322(a)(1) and (b), Idaho Code, shall not apply.
(3) A person that acquires an interest in and obtains control of a virtual currency without notice of any adverse claim takes the interest in the virtual currency and in any right to payment evidenced by the virtual currency free of any adverse claim.
History:
[28-5306, added 2022, ch. 284, sec. 1, p. 903.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-101 - WHO MAY CONTRACT.

29-101. WHO MAY CONTRACT. All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.
History:
[(29-101) 1863, p. 515, sec. 1; R.S., sec. 3220; reen. R.C. & C.L., sec. 3312; C.S., sec. 5661; I.C.A., sec. 28-101.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-102 - ENFORCEMENT BY BENEFICIARY.

29-102. ENFORCEMENT BY BENEFICIARY. A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.
History:
[(29-102) R.S., sec. 3221; reen. R.C. & C.L., sec. 3313; C.S., sec. 5662; I.C.A., sec. 28-102.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-103 - PRESUMPTION OF CONSIDERATION.

29-103. PRESUMPTION OF CONSIDERATION. A written instrument is presumptive evidence of a consideration.
History:
[(29-103) R.S., sec. 3222; reen. R.C. & C.L., sec. 3314; C.S., sec. 5663; I.C.A., sec. 28-103.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-104 - WANT OF CONSIDERATION — BURDEN OF PROOF.

29-104. WANT OF CONSIDERATION — BURDEN OF PROOF. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
History:
[(29-104) R.S., sec. 3223; reen. R.C. & C.L., sec. 3315; C.S., sec. 5664; I.C.A., sec. 28-104.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-105 - CONTRACTS MAY BE ORAL.

29-105. CONTRACTS MAY BE ORAL. All contracts may be oral except such as are specially required by statute to be in writing.
History:
[(29-105) R.S., sec. 3224; reen. R.C. & C.L., sec. 3316; C.S., sec. 5665; I.C.A., sec. 28-105.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-106 - CONTRACT NOT PUT IN WRITING THROUGH FRAUD.

29-106. CONTRACT NOT PUT IN WRITING THROUGH FRAUD. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice, may enforce it against the fraudulent party.
History:
[(29-106) R.S., sec. 3225; reen. R.C. & C.L., sec. 3317; C.S., sec. 5666; I.C.A., sec. 28-106.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-107 - CORPORATE OR OFFICIAL SEAL — HOW AFFIXED.

29-107. CORPORATE OR OFFICIAL SEAL — HOW AFFIXED. A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written.
History:
[(29-107) R.S., sec. 3226; reen. R.C. & C.L., sec. 3318; C.S., sec. 5667; I.C.A., sec. 28-107.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-108 - DISTINCTION AS TO SEALED INSTRUMENTS ABOLISHED.

29-108. DISTINCTION AS TO SEALED INSTRUMENTS ABOLISHED. All distinctions between sealed and unsealed instruments are abolished.
History:
[(29-108) R.S., sec. 3227; reen. R.C. & C.L., sec. 3319; C.S., sec. 5668; I.C.A., sec. 28-108.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-109 - CONSTRUCTION OF CONFLICTING PROVISIONS.

29-109. CONSTRUCTION OF CONFLICTING PROVISIONS. Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form, and if the two are absolutely repugnant, the latter must be so far disregarded.
History:
[(29-109) R.S., sec. 3228; reen. R.C. & C.L., sec. 3320; C.S., sec. 5669; I.C.A., sec. 28-109.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-110 - LIMITATIONS ON RIGHT TO SUE UNDER CONTRACT OR FRANCHISE AGREEMENT.

29-110. LIMITATIONS ON RIGHT TO SUE UNDER CONTRACT OR FRANCHISE AGREEMENT. (1) Every stipulation or condition in a contract, by which any party thereto is restricted from enforcing his rights under the contract in Idaho tribunals, or which limits the time within which he may thus enforce his rights, is void as it is against the public policy of Idaho. Nothing in this section shall affect contract provisions relating to arbitration so long as the contract does not require arbitration to be conducted outside the state of Idaho.
(2) Any condition, stipulation or provision in a franchise agreement is void to the extent it purports to waive, or has the effect of waiving, venue or jurisdiction of the state of Idaho’s court system. Any condition, stipulation or provision in a franchise agreement, to the extent it purports to assert, or has the effect of asserting, the choice of law is enforceable. This subsection shall apply to any franchise agreement entered into or renewed on or after July 1, 2003, by any person who at the time of entering into or renewing such franchise agreement was a resident of this state or incorporated or organized under the laws of this state.
(3) As used in this section "franchise agreement" means a written contract or agreement by which:
(a) A person ("franchisee") is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a third party ("franchisor");
(b) The operation of the franchisee’s business pursuant to such plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor of such plan or system; and
(c) The franchisee is required to pay the franchisor one thousand dollars ($1,000) or more for the right to transact business pursuant to the plan or system. Such payments shall not include amounts paid:
(i) As a reasonable service charge to the issuer of a credit card by an establishment accepting or honoring the credit card; or
(ii) For the purchase of goods at a bona fide wholesale price.
History:
[(29-110) R.S., sec. 3229; reen. R.C. & C.L., sec. 3321; C.S., sec. 5670; I.C.A., sec. 28-110; am. 2003, ch. 378, sec. 1, p. 1010; am. 2012, ch. 328, sec. 1, p. 909.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-111 - DEBTOR MAY DEMAND RECEIPT.

29-111. DEBTOR MAY DEMAND RECEIPT. A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.
History:
[(29-111) R.S., sec. 3230; reen. R.C. & C.L., sec. 3322; C.S., sec. 5671; I.C.A., sec. 28-111.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-112 - OBJECTION TO OFFER OF PERFORMANCE.

29-112. OBJECTION TO OFFER OF PERFORMANCE. All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor if not then stated.
History:
[(29-112) R.S., sec. 3231; reen. R.C. & C.L., sec. 3323; C.S., sec. 5672; I.C.A., sec. 28-112.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-113 - RELEASE FOR PERSONAL INJURY.

29-113. RELEASE FOR PERSONAL INJURY. Any agreement entered into by any person within fifteen (15) days after he incurs a personal injury, which may adversely affect his right to be compensated for such injury, may be disavowed by such injured person within one (1) year after the making of the agreement. No agreement disavowed may be introduced as evidence in any subsequent court or administrative proceeding.
History:
[29-113, added 1961, ch. 160, sec. 1, p. 231.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-114 - INDEMNIFICATION OF PROMISEE FOR NEGLIGENCE — EFFECT ON EXISTING AGREEMENTS.

29-114. INDEMNIFICATION OF PROMISEE FOR NEGLIGENCE — EFFECT ON EXISTING AGREEMENTS. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, highway, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify the promisee against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the promisee, his agents or employees, or indemnitees, is against public policy and is void and unenforceable.
This act will not be construed to affect or impair the obligations of contracts or agreements, which are in existence at the time the act becomes effective.
History:
[29-114, added 1971, ch. 46, sec. 1, p. 100.]
2023 Idaho Code › Title 29 - CONTRACTS › Chapter 1 - GENERAL PROVISIONS RELATING TO CONTRACTS › Section 29-116 - COMPUTER INFORMATION AGREEMENTS.

29-116. COMPUTER INFORMATION AGREEMENTS. (1) In an action based on a computer information agreement that contains a choice of laws provision that would result in application of the uniform computer information transactions act to such computer information agreement, such choice of laws provision is voidable by the party against whom enforcement is sought, and the agreement will be governed by the laws of the state of Idaho if either party is a resident of this state or has its principal place of business located in this state.
(2) In an action based on a computer information agreement that does not contain a choice of laws provision, any party may object to the application of the uniform computer information transactions act to such computer information agreement. If such an objection is made, the agreement will be governed by the laws of the state of Idaho if either party is a resident of this state or has its principal place of business in this state.
(3) This section may not be varied or invalidated by the agreement of the parties.
(4) As used in this section:
(a) "Computer information" means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer.
(b) "Computer information agreement" means a contract or agreement to create, modify, transfer, license or otherwise use computer information or rights in computer information, or to perform or support such creation, modification, transfer, license or use.
(c) "Party" means a party to a computer information agreement.
(d) "Uniform computer information transactions act" means the uniform computer information transactions act as approved by the national conference of commissioners on uniform state laws and enacted in any jurisdiction, or any substantially similar law enacted in any jurisdiction.
History:
[29-116, added 2007, ch. 286, sec. 1, p. 815.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-201 - FRANCHISE MAY BE LEVIED UPON.

30-201. FRANCHISE MAY BE LEVIED UPON. For the satisfaction of any judgment against a person, firm, association, company, or corporation authorized to receive tolls, its franchise and all the rights and privileges thereof, may be levied upon and sold under execution in the same manner and with like effect as any other property.
History:
[(30-201) R.S., sec. 2642; reen. R.C. & C.L., sec. 2778; C.S., sec. 4761; I.C.A., sec. 29-201; am. 1941, ch. 102, sec. 1, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-202 - PURCHASER TO CONDUCT BUSINESS.

30-202. PURCHASER TO CONDUCT BUSINESS. The purchaser at the sale must receive a certificate of purchase of the franchise, and be immediately let into possession of all property necessary for the exercise of the powers and the receipt of the proceeds thereof, and must thereafter conduct the business of such person, firm, association, company or corporation, with all its powers and privileges, and subject to all its liabilities, until the redemption of the same as hereinafter provided.
History:
[(30-202) R.S., sec. 2643; reen. R.C. & C.L., sec. 2779; C.S., sec. 4762; I.C.A., sec. 29-202; am. 1941, ch. 102, sec. 2, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-203 - ACTIONS BY PURCHASER.

30-203. ACTIONS BY PURCHASER. The purchaser or his assignee is entitled to recover any penalties imposed by law and recoverable by the person, firm, association, company or corporation for an injury to the franchise or property thereof, or for any damages or other cause, occurring during the time he holds the same and may use the name of the person, firm, association, company, or corporation for the purpose of any action necessary to recover the same. A recovery for damages or any penalties thus had, is a bar to any subsequent action by or on behalf of the person, firm, association, company, or corporation for the same.
History:
[(30-203) R.S., sec. 2644; reen. R.C. & C.L., sec. 2780; C.S., sec. 4763; I.C.A., sec. 29-203; am. 1941, ch. 102, sec. 3, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-204 - EFFECT OF SALE.

30-204. EFFECT OF SALE. The person, firm, association, company, or corporation whose franchise is sold, as in this chapter provided, in all other respects retains the same powers, is bound to discharge the same duties, and is liable to the same penalties and forfeitures as before such sale.
History:
[(30-204) R.S., sec. 2645; reen. R.C. & C.L., sec. 2781; C.S., sec. 4764; I.C.A., sec. 29-204; am. 1941, ch. 102, sec. 4, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-205 - REDEMPTION FROM SALE.

30-205. REDEMPTION FROM SALE. The person, firm, association, company, or corporation may, at any time within one (1) year after such sale, redeem the franchise by paying or tendering to the purchaser thereof the sum paid therefor, with ten per cent (10%) interest thereon, but without any allowance for the toll which he may in the meantime have received; and upon such payment or tender, the franchise and all the rights and privileges thereof revert and belong to the person, firm, association, company, or corporation, as if no such sale had been made.
History:
[(30-205) R.S., sec. 2646; reen. R.C. & C.L., sec. 2782; C.S., sec. 4765; I.C.A., sec. 29-205; am. 1941, ch. 102, sec. 5, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 2 - SALE OF FRANCHISE ON EXECUTION › Section 30-206 - PLACE OF SALE.

30-206. PLACE OF SALE. The sale of any franchise under execution must be made in the county in which the person, firm, association, company, or corporation has its principal place of business.
History:
[(30-206) R.S., sec. 2647; reen. R.C. & C.L., sec. 2783; C.S., sec. 4766; I.C.A., sec. 29-206; am. 1941, ch. 102, sec. 6, p. 183.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 5 - CORPORATIONS › Section 30-501 - CORPORATIONS — CONSTITUTION OF THE STATE OF IDAHO.

30-501. CORPORATIONS — CONSTITUTION OF THE STATE OF IDAHO. Every corporation organized for any lawful purpose or purposes, whether a general business corporation or a designated class of corporation, shall, by the act of filing incorporation documents with the state of Idaho, acknowledge and accept the provisions of the constitution of the state of Idaho as binding upon that corporation.
History:
[30-501, added 1996, ch. 354, sec. 1, p. 1182.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 7 - BRIDGE, FERRY, FLUME, AND BOOM CORPORATIONS › Section 30-701 - LICENSE TO TAKE TOLLS.

30-701. LICENSE TO TAKE TOLLS. When a corporation is formed for the construction and maintenance of a bridge, ferry, flume or boom, or for two (2) or more of said purposes, it must not take tolls on or for the same until authority is granted therefor by the boards of county commissioners of the county or counties where its flume or abutments, landings or anchorages are situate. But after such authority is granted it may demand and receive such tolls as it is so authorized to take, and may, when necessary, secure the right of way for its flume, and the necessary chutes, raceways, landings, abutments and anchorages under the provisions of the Code of Civil Procedure.
History:
[(30-701) R.S. sec. 2694; reen. R.C. & C.L., sec. 2830; C.S., sec. 4829; I.C.A., sec. 29-701.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 7 - BRIDGE, FERRY, FLUME, AND BOOM CORPORATIONS › Section 30-702 - WHEN FRANCHISE CEASES.

30-702. WHEN FRANCHISE CEASES. Every such corporation hereafter organized ceases to be a body corporate:
1. If, within two (2) years from filing its articles of incorporation it has not commenced the construction of its bridge, flume or boom, as the case may be, and if within three (3) years from such filing its bridge or boom is not completed.
2. If, when the bridge or boom of such corporation is destroyed, it is not reconstructed and ready for use within two (2) years thereafter.
3. If the ferry of any such corporation is not in running order within four (4) months after authority to take tolls thereon is obtained, or if at any time thereafter it ceases, for a like term consecutively, to perform the duties imposed by law.
History:
[(30-702) R.S., sec. 2695; reen. R.C. & C.L., sec. 2831; C.S., sec. 4830; am. 1925, ch. 165, sec. 1, p. 302; I.C.A., sec. 29-702.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 7 - BRIDGE, FERRY, FLUME, AND BOOM CORPORATIONS › Section 30-703 - APPLICATION TO INDIVIDUALS.

30-703. APPLICATION TO INDIVIDUALS. When a bridge, ferry, flume or boom is operated or owned by a natural person, this chapter is applicable to such person in like manner as it is applicable to corporations.
History:
[(30-703) R.S., sec. 2696; reen. R.C. & C.L., sec. 2832; C.S., sec. 4831; I.C.A., sec. 29-703.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 8 - WATER AND CANAL CORPORATIONS AND WATER USERS’ ASSOCIATIONS › Section 30-801 - CONTRACTS FOR MUNICIPAL WATER SUPPLY.

30-801. CONTRACTS FOR MUNICIPAL WATER SUPPLY. No corporation formed to supply any city or town with water must do so unless previously authorized by an ordinance of the authorities thereof, or unless it is done in conformity with a contract entered into between the city or town and the corporation. Contracts so made are valid and binding in law, but an exclusive right must not be granted. No contract or grant must be made for a term exceeding fifty (50) years.
History:
[(30-801) R.S., sec. 2710; reen. R.C., sec. 2838; compiled and reen. C.L., sec. 2838; C.S., sec. 4842; I.C.A., sec. 29-801.]
2023 Idaho Code › Title 30 - CORPORATIONS › Chapter 8 - WATER AND CANAL CORPORATIONS AND WATER USERS’ ASSOCIATIONS › Section 30-802 - RIGHT OF WAY GRANTED.

30-802. RIGHT OF WAY GRANTED. Any corporation created under the provisions of this title for the purposes named in this chapter, subject to the reasonable rules and directions of the city or town authorities as to the mode or manner of using such right of way within the city or town, and subject to the reasonable rules and directions of the board of county commissioners as to the mode and manner of using any right of way outside the corporate limits of such city or town, may use so much of the streets, alleys and ways in any city or town, or the public roads and highways within the county, as may be necessary for the laying of pipes for conducting water to its consumers, or the building and maintaining of ditches, canals, pipes, flumes and aqueducts in conducting water from outside points to the corporate limits of said city or town.
History:
[(30-802) R.S., sec. 2712; am. 1905, p. 192, sec. 2; reen. R.C. & C.L., sec. 2840; C.S., sec. 4843; I.C.A., sec. 29-802.]