28-12-403. RETRACTION OF ANTICIPATORY REPUDIATION. (1) Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party’s position or otherwise indicated that the aggrieved party considers the repudiation final.
(2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under section 28-12-401.
(3) Retraction reinstates a repudiating party’s rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
History:
[28-12-403, added 1993, ch. 287, sec. 1, p. 997.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Part 4 - PERFORMANCE OF LEASE CONTRACT — REPUDIATED, SUBSTITUTED AND EXCUSED
Section 28-12-401 - INSECURITY — ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-12-402 - ANTICIPATORY REPUDIATION.
Section 28-12-403 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-12-404 - SUBSTITUTED PERFORMANCE.
Section 28-12-405 - EXCUSED PERFORMANCE.