reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 7 - TRANSITION › Section 28-9-707 - AMENDMENT OF PREEFFECTIVE-DATE FINANCING STATEMENT.

28-9-707. AMENDMENT OF PREEFFECTIVE-DATE FINANCING STATEMENT. A person may file an initial financing statement or a continuation statement under this part if:
(a) In this section, "preeffective-date financing statement" means a financing statement filed before July 1, 2001.
(b) After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in part 3. However, the effectiveness of a preeffective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d) of this section, if the law of this state governs perfection of a security interest, the information in a preeffective-date financing statement may be amended only if:
(1) The preeffective-date financing statement and an amendment are filed in the office specified in section 28-9-501;
(2) An amendment is filed in the office specified in section 28-9-501, concurrently with, or after the filing in that office of, an initial financing statement that satisfies the provisions of subsection (c) of section 28-9-706; or
(3) An initial financing statement that provides the information as amended and satisfies the provisions of subsection (c) of section 28-9-706, is filed in the office specified in section 28-9-501.
(d) If the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement may be continued only pursuant to the provisions of subsections (d) and (f) of section 28-9-705, or section 28-9-706.
(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a preeffective-date financing statement filed in this state may be terminated by filing a termination statement in the office in which the preeffective-date financing statement is filed, unless an initial financing statement that satisfies the provisions of subsection (c) of section 28-9-706, has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3 as the office in which to file a financing statement.
History:
[28-9-707, added 2001, ch. 208, sec. 2, p. 799; am. 2004, ch. 304, sec. 2, p. 854.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 7 - TRANSITION › Section 28-9-708 - PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.

28-9-708. PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT. A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(A) To continue the effectiveness of a financing statement filed before this act takes effect; or
(B) To perfect or continue the perfection of a security interest.
History:
[28-9-708, added 2001, ch. 208, sec. 2, p. 799.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 7 - TRANSITION › Section 28-9-709 - PRIORITY.

28-9-709. PRIORITY. (a) This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, former chapter 9, title 28, determines priority.
(b) For purposes of section 28-9-322(a), the priority of a security interest that becomes enforceable under section 28-9-203 of this act dates from the time this act takes effect if the security interest is perfected under this act by the filing of a financing statement before this act takes effect which would not have been effective to perfect the security interest under former chapter 9, title 28. This subsection does not apply to conflicting security interests, each of which is perfected by the filing of such a financing statement.
History:
[28-9-709, added 2001, ch. 208, sec. 2, p. 800.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-802 - SAVINGS CLAUSE.

28-9-802. SAVINGS CLAUSE. (a) Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect.
(b) This act does not affect an action, case, or proceeding commenced before this act takes effect.
History:
[28-9-802, added 2012, ch. 145, sec. 20, p. 410.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-803 - SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.

28-9-803. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE. (a) A security interest that is a perfected security interest immediately before this act takes effect is a perfected security interest under this chapter as amended by this act if, when this act takes effect, the applicable requirements for attachment and perfection under this chapter as amended by this act are satisfied without further action.
(b) Except as otherwise provided in section 28-9-805, Idaho Code, if, immediately before this act takes effect, a security interest is a perfected security interest, but the applicable requirements for perfection under this chapter as amended by this act are not satisfied when this act takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under this chapter as amended by this act are satisfied within one (1) year after this act takes effect.
History:
[28-9-803, added 2012, ch. 145, sec. 20, p. 410.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-804 - SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.

28-9-804. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. A security interest that is an unperfected security interest immediately before this act takes effect becomes a perfected security interest:
(1) Without further action, when this act takes effect if the applicable requirements for perfection under this chapter as amended by this act are satisfied before or at that time; or
(2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
History:
[28-9-804, added 2012, ch. 145, sec. 20, p. 410.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-806 - WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.

28-9-806. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT. (a) The filing of an initial financing statement in the office specified in section 28-9-501, Idaho Code, continues the effectiveness of a financing statement filed before this act takes effect if:
(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter as amended by this act;
(2) The pre-effective-date financing statement was filed in an office in another state; and
(3) The initial financing statement satisfies subsection (c) of this section.
(b) The filing of an initial financing statement under subsection (a) of this section continues the effectiveness of the pre-effective-date financing statement:
(1) If the initial financing statement is filed before this act takes effect, for the period provided in unamended section 28-9-515, Idaho Code, with respect to an initial financing statement; and
(2) If the initial financing statement is filed after this act takes effect, for the period provided in section 28-9-515, Idaho Code, as amended by this act with respect to an initial financing statement.
(c) To be effective for purposes of subsection (a) of this section, an initial financing statement must:
(1) Satisfy the requirements of part 5 of this chapter as amended by this act for an initial financing statement;
(2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) Indicate that the pre-effective-date financing statement remains effective.
History:
[28-9-806, added 2012, ch. 145, sec. 20, p. 411.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-807 - AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.

28-9-807. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT. (a) In this section, "pre-effective-date financing statement" means a financing statement filed before this act takes effect.
(b) After this act takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this chapter as amended by this act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d) of this section, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after this act takes effect only if:
(1) The pre-effective-date financing statement and an amendment are filed in the office specified in section 28-9-501, Idaho Code;
(2) An amendment is filed in the office specified in section 28-9-501, Idaho Code, concurrently with, or after the filing in that office of, an initial financing statement that satisfies section 28-9-806(c), Idaho Code; or
(3) An initial financing statement that provides the information as amended and satisfies section 28-9-806(c), Idaho Code, is filed in the office specified in section 28-9-501, Idaho Code.
(d) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under section 28-9-805(c) and (e) or 28-9-806, Idaho Code.
(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after this act takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies section 28-9-806(c), Idaho Code, has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this chapter as amended by this act as the office in which to file a financing statement.
History:
[28-9-807, added 2012, ch. 145, sec. 20, p. 412.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-808 - PERSON ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.

28-9-808. PERSON ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT. A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(A) to continue the effectiveness of a financing statement filed before this act takes effect; or
(B) to perfect or continue the perfection of a security interest.
History:
[28-9-808, added 2012, ch. 145, sec. 20, p. 412.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 9 - SECURED TRANSACTIONS › Part 8 - TRANSITION PROVISIONS FOR 2011 AMENDMENTS › Section 28-9-809 - PRIORITY.

28-9-809. PRIORITY. This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before this act takes effect, this chapter as it existed before amendment determines priority.
History:
[28-9-809, added 2012, ch. 145, sec. 20, p. 412.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 10 - UNIFORM COMMERCIAL CODE — EFFECTIVE DATE AND REPEALER › Section 28-10-101 - EFFECTIVE DATE.

28-10-101. EFFECTIVE DATE. (1) Except as provided in subsection (2) of this section, this act shall become effective at midnight on December 31, 1967.
(2) Section 28-9-408 of this act shall become effective at 8:00 a.m. on December 26, 1967.
(3) Except as provided in subsection (2) above and in section 28-9-408, this act applies to transactions entered into and events occurring after midnight on December 31, 1967.
History:
[28-10-101, added 1967, ch. 161, sec. 10-101, p. 351.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 10 - UNIFORM COMMERCIAL CODE — EFFECTIVE DATE AND REPEALER › Section 28-10-102 - SPECIFIC REPEALER — PROVISION FOR TRANSITION.

28-10-102. SPECIFIC REPEALER — PROVISION FOR TRANSITION. (1) The following acts and parts of acts and all other acts and parts of acts inconsistent herewith are hereby repealed:
(a) (i) Chapter 15 of title 26, Idaho Code, as amended;
(ii) Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (as amended), 11, 12, 13, 14, 15, 16 and 17 of title 27, Idaho Code;
(iii) Chapter 4 of title 30, Idaho Code;
(iv) Chapter 11 of title 45, Idaho Code, as amended, except section 45-1102;
(v) Chapter 12 of title 45, Idaho Code;
(vi) Chapter 14 of title 45, Idaho Code;
(vii) Chapter 6 of title 62, Idaho Code;
(viii) Chapters 1, 2, 3, 4, 5 and 6 of title 64, Idaho Code;
(ix) Chapter 7 of title 64, Idaho Code;
(x) Chapter 8 of title 64, Idaho Code, as amended;
(xi) Chapter 9 of title 64, Idaho Code, as amended;
(xii) Chapter 10 of title 64, Idaho Code; and
(xiii) Chapter 1 of title 69, Idaho Code, as amended.
(b) Sections 9-505(4), 18-3705, 26-1003, 26-1005, 26-1006, 26-1008, 26-1013, 26-1015, 26-1016 and 45-1301, Idaho Code.
(2) Transactions validly entered into before the effective date specified in section 28-10-101 and the rights, duties and interests flowing therefrom remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this act as though such repeal or amendment had not occurred.
History:
[28-10-102, added 1967, ch. 161, sec. 10-102, p. 351.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 10 - UNIFORM COMMERCIAL CODE — EFFECTIVE DATE AND REPEALER › Section 28-10-103 - GENERAL REPEALER.

28-10-103. GENERAL REPEALER. Except as provided in the following section, all acts and parts of acts inconsistent with this act are hereby repealed.
History:
[28-10-103, added 1967, ch. 161, sec. 10-103, p. 351.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-101 - DEFINITIONS.

28-11-101. DEFINITIONS. As used in this chapter, unless the context requires otherwise, the following definitions apply:
(1) "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.
(2) "Artist" means a person who creates a work of fine art or, if the person is deceased, the person’s heir, devisee, or personal representative.
(3) "Consignment" means that no title to, estate in or right to possession of fine art superior to that of the consignor vests in the consignee, notwithstanding the consignee’s power or authority to transfer and convey to a third person all of the right, title and interest of the consignor in and to the fine art.
(4) "Fine art" means a painting, sculpture, drawing, work of graphic art, including an etching, lithograph, signed limited edition offset print, silk screen, or a work of graphic art of like nature; a work of calligraphy, photographs, original works in ceramics, wood, metals, glass, plastic, wax, stone or leather or a work in mixed media, including a collage, assemblage, or any combination of the art media mentioned in this subsection.
(5) "Person" means an individual, partnership, corporation, association, or other group, however organized.
History:
[28-11-101, added 1987, ch. 127, sec. 1, p. 257.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-102 - ARTIST-ART DEALER RELATIONSHIP.

28-11-102. ARTIST-ART DEALER RELATIONSHIP. Notwithstanding any custom, practice or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of fine art of the artist’s own creation to an art dealer in this state for the purpose of exhibition and sale on a commission, fee, or other basis of compensation, the delivery to and acceptance of the work of fine art by the art dealer constitutes a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives upon delivery or has received prior to delivery full compensation for the work of fine art.
History:
[28-11-102, added 1987, ch. 127, sec. 1, p. 258.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-103 - AGENCY RELATIONSHIP — TRUST PROPERTY.

28-11-103. AGENCY RELATIONSHIP — TRUST PROPERTY. A consignment of a work of fine art results in the following:
(1) The art dealer, after delivery of the work of fine art, is an agent of the artist for the purpose of sale or exhibition of the consigned work of fine art within the state of Idaho. This relationship shall be defined in writing and renewed at least every three (3) years by the art dealer and the artist. It is the responsibility of the artist to identify clearly the work of art by securely attaching identifying marking to or clearly signing the work of art.
(2) The work of fine art constitutes property held in trust by the consignee for the benefit of the consignor and is not subject to claim by a creditor of the consignee.
(3) The consignee is responsible for the loss of or damage to the work of fine art while in the possession of or on the premises of the consignee.
(4) The proceeds from the sale of the work of fine art constitute funds held in trust by the consignee for the benefit of the consignor. The proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees otherwise in writing.
History:
[28-11-103, added 1987, ch. 127, sec. 1, p. 258.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-104 - SUBSEQUENT SALE — PAYMENT TO CONSIGNOR.

28-11-104. SUBSEQUENT SALE — PAYMENT TO CONSIGNOR. A work of fine art received as a consignment remains trust property, notwithstanding the subsequent purchase thereof by the consignee directly or indirectly for the consignee’s own account until the price is paid in full to the consignor. If the work is resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance due to the consignor and the trusteeship continues until the fiduciary obligation of the consignee with respect to the transaction is discharged in full.
History:
[28-11-104, added 1987, ch. 127, sec. 1, p. 258.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-105 - WAIVER VOID — EXEMPTION FROM UCC.

28-11-105. WAIVER VOID — EXEMPTION FROM UCC. (1) Any provision of a contract or agreement by which the consignor waives any provision of this part of this chapter is void.
(2) This part of this chapter is not subject to the provisions of chapters 1 through 10, title 28, Idaho Code.
History:
[28-11-105, added 1987, ch. 127, sec. 1, p. 259.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 11 - ARTISTS AND ART DEALERS › Part 1 - ARTIST AND ART DEALER › Section 28-11-106 - APPLICATION.

28-11-106. APPLICATION. This part of this chapter does not apply to a written contract executed prior to July 1, 1987, unless:
(1) The parties agree that this part of this chapter will apply; or
(2) The contract is extended or renewed after July 1, 1987.
History:
[28-11-106, added 1987, ch. 127, sec. 1, p. 259.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-101 - SHORT TITLE.

28-12-101. SHORT TITLE. This chapter shall be known and may be cited as "Uniform Commercial Code-Leases."
History:
[28-12-101, added 1993, ch. 287, sec. 1, p. 978.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-102 - SCOPE.

28-12-102. SCOPE. This chapter applies to any transaction, regardless of form, that creates a lease.
History:
[28-12-102, added 1993, ch. 287, sec. 1, p. 978.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-104 - LEASES SUBJECT TO OTHER LAW.

28-12-104. LEASES SUBJECT TO OTHER LAW. (1) A lease, although subject to this chapter, is also subject to any applicable:
(a) Certificate of title statute of this state; or
(b) Certificate of title statute of another jurisdiction (section 28-12-105); or
(c) Provision of the Idaho credit code.
(2) In case of conflict between this chapter, other than sections 28-12-105, 28-12-304(3), and 28-12-305(3), and a statute or decision referred to in subsection (1) of this section, the statute controls.
(3) Failure to comply with an applicable law has only the effect specified therein.
History:
[28-12-104, added 1993, ch. 287, sec. 1, p. 981.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-105 - TERRITORIAL APPLICATION OF ARTICLE TO GOODS COVERED BY CERTIFICATE OF TITLE.

28-12-105. TERRITORIAL APPLICATION OF ARTICLE TO GOODS COVERED BY CERTIFICATE OF TITLE. Subject to the provisions of sections 28-12-304(3) and 28-12-305(3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of:
(1) Surrender of the certificate; or
(2) Four (4) months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
History:
[28-12-105, added 1993, ch. 287, sec. 1, p. 981.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-106 - LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE TO CHOOSE APPLICABLE LAW AND JUDICIAL FORUM.

28-12-106. LIMITATION ON POWER OF PARTIES TO CONSUMER LEASE TO CHOOSE APPLICABLE LAW AND JUDICIAL FORUM. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty (30) days thereafter or in which the goods are to be used, the choice is not enforceable.
(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
History:
[28-12-106, added 1993, ch. 287, sec. 1, p. 982.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-107 - WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT.

28-12-107. WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
History:
[28-12-107, added 1993, ch. 287, sec. 1, p. 982.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-108 - UNCONSCIONABILITY.

28-12-108. UNCONSCIONABILITY. (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract, or any clause of a lease contract, has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under subsection (1) or (2) of this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease contract or clause thereof, or of the conduct.
(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under subsection (1) or (2) of this section, the court shall award reasonable attorney’s fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney’s fees to the party against whom the claim is made.
(c) In determining attorney’s fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) of this section is not controlling.
History:
[28-12-108, added 1993, ch. 287, sec. 1, p. 982.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 1 - GENERAL PROVISIONS › Section 28-12-109 - OPTION TO ACCELERATE AT WILL.

28-12-109. OPTION TO ACCELERATE AT WILL. (1) A term providing that one (1) party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he deems himself insecure" or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
History:
[28-12-109, added 1993, ch. 287, sec. 1, p. 983.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-201 - STATUTE OF FRAUDS.

28-12-201. STATUTE OF FRAUDS. (1) A lease contract is not enforceable by way of action or defense unless:
(a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars ($1,000); or
(b) There is a writing, signed by the party against whom enforcement is sought or by that party’s authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(2) Any description of leased goods or of the lease term is sufficient and satisfies the provisions of subsection (1)(b) of this section, whether or not it is specific, if it reasonably identifies what is described.
(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under the provisions of subsection (1)(b) of this section beyond the lease term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of subsection (1) of this section, but which is valid in other respects, is enforceable:
(a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor’s business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought admits in that party’s pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods that have been received and accepted by the lessee.
(5) The lease term under a lease contract referred to in subsection (4) of this section is:
(a) If there is a writing signed by the party against whom enforcement is sought or by that party’s authorized agent specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought admits in that party’s pleading, testimony, or otherwise in court a lease term, the term so admitted; or
(c) A reasonable lease term.
History:
[28-12-201, added 1993, ch. 287, sec. 1, p. 983.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-202 - FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE.

28-12-202. FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
(a) By course of dealing or usage of trade or by course of performance; and
(b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
History:
[28-12-202, added 1993, ch. 287, sec. 1, p. 984.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-203 - SEALS INOPERATIVE.

28-12-203. SEALS INOPERATIVE. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
History:
[28-12-203, added 1993, ch. 287, sec. 1, p. 984.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-204 - FORMATION IN GENERAL.

28-12-204. FORMATION IN GENERAL. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
(3) Although one (1) or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
History:
[28-12-204, added 1993, ch. 287, sec. 1, p. 984.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-205 - FIRM OFFERS.

28-12-205. FIRM OFFERS. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three (3) months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
History:
[28-12-205, added 1993, ch. 287, sec. 1, p. 984.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-206 - OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT.

28-12-206. OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
History:
[28-12-206, added 1993, ch. 287, sec. 1, p. 984.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-208 - MODIFICATION, RESCISSION AND WAIVER.

28-12-208. MODIFICATION, RESCISSION AND WAIVER. (1) An agreement modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) of this section, it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
History:
[28-12-208, added 1993, ch. 287, sec. 1, p. 985.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-209 - LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT.

28-12-209. LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT. (1) The benefit of a supplier’s promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee’s leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier’s promises and of warranties to the lessee under subsection (1) of this section, does not:
(a) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
(b) Impose any duty or liability under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, prior to before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier’s promises and of warranties to the lessee under subsection (1) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
History:
[28-12-209, added 1993, ch. 287, sec. 1, p. 985.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-210 - EXPRESS WARRANTIES.

28-12-210. EXPRESS WARRANTIES. (1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor’s opinion or commendation of the goods does not create a warranty.
History:
[28-12-210, added 1993, ch. 287, sec. 1, p. 986.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-211 - WARRANTIES AGAINST INTERFERENCE AND AGAINST INFRINGEMENT — LESSEE’S OBLIGATION AGAINST INFRINGEMENT.

28-12-211. WARRANTIES AGAINST INTERFERENCE AND AGAINST INFRINGEMENT — LESSEE’S OBLIGATION AGAINST INFRINGEMENT. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its leasehold interest.
(2) Except in a finance lease there is, in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind, a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
History:
[28-12-211, added 1993, ch. 287, sec. 1, p. 986.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-212 - IMPLIED WARRANTY OF MERCHANTABILITY.

28-12-212. IMPLIED WARRANTY OF MERCHANTABILITY. (1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the description in the lease agreement;
(b) In the case of fungible goods, are of fair average quality within the description;
(c) Are fit for the ordinary purposes for which goods of that type are used;
(d) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
(e) Are adequately contained, packaged and labeled as the lease agreement may require; and
(f) Conform to any promises or affirmations of fact made on the container or label.
(3) Other implied warranties may arise from course of dealing or usage of trade.
History:
[28-12-212, added 1993, ch. 287, sec. 1, p. 986.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-213 - IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

28-12-213. IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
History:
[28-12-213, added 1993, ch. 287, sec. 1, p. 987.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-214 - EXCLUSION OR MODIFICATION OF WARRANTIES.

28-12-214. EXCLUSION OR MODIFICATION OF WARRANTIES. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of section 28-12-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(2) Subject to the provisions of subsection (3) of this section, to exclude or modify the implied warranty of merchantability or any part of it the language must mention "merchantability", be by a writing, and be conspicuous. Subject to the provisions of subsection (3) of this section, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose".
(3) Notwithstanding the provisions of subsection (2) of this section, but subject to the provisions of subsection (4) of this section:
(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee’s attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;
(b) If the lessee, before entering into the lease contract, has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and
(c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (section 28-12-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
History:
[28-12-214, added 1993, ch. 287, sec. 1, p. 987.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-215 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.

28-12-215. CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(1) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(2) A sample from an existing bulk displaces inconsistent general language of description.
(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
History:
[28-12-215, added 1993, ch. 287, sec. 1, p. 988.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-216 - THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES.

28-12-216. THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES. A warranty to or for the benefit of a lessee under this chapter, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee’s home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section.
History:
[28-12-216, added 1993, ch. 287, sec. 1, p. 988.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-217 - IDENTIFICATION.

28-12-217. IDENTIFICATION. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(1) When the lease contract is made, if the lease contract is for a lease of goods that are existing and identified;
(2) When the goods are shipped, marked or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or
(3) When the young are conceived, if the lease contract is for a lease of unborn young of animals.
History:
[28-12-217, added 1993, ch. 287, sec. 1, p. 988.]
2023 Idaho Code › Title 28 - COMMERCIAL TRANSACTIONS › Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES › Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT › Section 28-12-218 - INSURANCE AND PROCEEDS.

28-12-218. INSURANCE AND PROCEEDS. (1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of the lessor’s identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.
(3) Notwithstanding a lessee’s insurable interest under the provisions of subsections (1) and (2) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.
(4) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
(5) The parties by agreement may determine that one (1) or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.
History:
[28-12-218, added 1993, ch. 287, sec. 1, p. 988.]