28-1-308. PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient.
(b) Subsection (a) of this section does not apply to an accord and satisfaction.
History:
[(28-1-308) 28-1-207, added 1967, ch. 161, sec. 1-207, p. 351; am. 1993, ch. 288, sec. 49, p. 1079; am. and redesig. 2004, ch. 43, sec. 26, p. 151.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS
Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES
Section 28-1-302 - VARIATION BY AGREEMENT.
Section 28-1-303 - COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.
Section 28-1-304 - OBLIGATION OF GOOD FAITH.
Section 28-1-305 - REMEDIES TO BE LIBERALLY ADMINISTERED.
Section 28-1-306 - WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH.
Section 28-1-307 - PRIMA FACIE EVIDENCE BY THIRD PARTY DOCUMENTS.
Section 28-1-308 - PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.