Idaho Statutes
§ 28-12-208 — MODIFICATION, RESCISSION AND WAIVER
Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 2. FORMATION AND CONSTRUCTION OF LEASE CONTRACT·Ch. 12 UNIFORM COMMERCIAL CODE — LEASES
(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lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.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
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Idaho § 28-12-208 (MODIFICATION, RESCISSION AND WAIVER) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Posey v. Ford Motor Credit Co.
111 P.3d 162 (Idaho Court of Appeals, 2005)
Legislative History
[28-12-208, added 1993, ch. 287, sec. 1, p. 985.]
Nearby Sections
15
§ 28-1-101
SHORT TITLES§ 28-1-102
SCOPE OF CHAPTER§ 28-1-104
CONSTRUCTION AGAINST IMPLIED REPEAL§ 28-1-105
SEVERABILITY§ 28-1-106
USE OF SINGULAR AND PLURAL — GENDER§ 28-1-107
SECTION CAPTIONS§ 28-1-201
GENERAL DEFINITIONS§ 28-1-202
NOTICE — KNOWLEDGE§ 28-1-204
VALUE§ 28-1-205
REASONABLE TIME — SEASONABLENESS§ 28-1-206
PRESUMPTIONS