28-12-407. IRREVOCABLE PROMISES — FINANCE LEASES. (1) In the case of a finance lease that is not a consumer lease the lessee’s promises under the lease contract become irrevocable and independent upon the lessee’s acceptance of the goods.
(2) A promise that has become irrevocable and independent under the provisions of subsection (1) of this section:
(a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and
(b) Is not subject to cancellation, termination, modification, repudiation, excuse or substitution without the consent of the party to whom the promise runs.
(3) The provisions of this section do not affect the validity under any other law of a covenant in any lease contract making the lessee’s promises irrevocable and independent upon the lessee’s acceptance of the goods.
History:
[28-12-407, added 1993, ch. 287, sec. 1, p. 999.]
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.