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.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Section 28-12-101 - SHORT TITLE.
Section 28-12-103 - DEFINITIONS AND INDEX OF DEFINITIONS.
Section 28-12-104 - LEASES SUBJECT TO OTHER LAW.
Section 28-12-105 - TERRITORIAL APPLICATION OF ARTICLE TO GOODS COVERED BY CERTIFICATE OF TITLE.
Section 28-12-107 - WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER DEFAULT.