Idaho § 28-2-327 SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN

Idaho Statutes

§ 28-2-327 — SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN

Idaho § 28-2-327

Title 28COMMERCIAL TRANSACTIONS

Part 3.GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

Ch. 2UNIFORM COMMERCIAL CODE — SALES

This text of Idaho § 28-2-327 (SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 28-2-327 (2026).

Text

(1)Under a sale on approval unless otherwise agreed

(a)although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and

(b)use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and

(c)after due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.

(2)Under a sale or return unless otherwise agreed

(a)the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be

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(1) Under a sale on approval unless otherwise agreed
(a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
(b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
(c) after due notification of election to return, the return is at the seller’s risk and expense but a merchant buyer must follow any reasonable instructions.
(2) Under a sale or return unless otherwise agreed
(a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and
(b) the return is at the buyer’s risk and expense.