28-12-221. CASUALTY TO IDENTIFIED GOODS. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or section 28-12-219, then:
(1) If the loss is total, the lease contract is avoided; and
(2) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
History:
[28-12-221, added 1993, ch. 287, sec. 1, p. 990.]
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.