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lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.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.]
Structure 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.
Section 28-12-202 - FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE.
Section 28-12-203 - SEALS INOPERATIVE.
Section 28-12-204 - FORMATION IN GENERAL.
Section 28-12-205 - FIRM OFFERS.
Section 28-12-206 - OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT.
Section 28-12-208 - MODIFICATION, RESCISSION AND WAIVER.
Section 28-12-209 - LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT.
Section 28-12-210 - EXPRESS WARRANTIES.
Section 28-12-212 - IMPLIED WARRANTY OF MERCHANTABILITY.
Section 28-12-213 - IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Section 28-12-214 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-12-215 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-12-216 - THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES.
Section 28-12-217 - IDENTIFICATION.
Section 28-12-218 - INSURANCE AND PROCEEDS.
Section 28-12-219 - RISK OF LOSS.