28-2-609. RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE. (1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.
(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.
(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty (30) days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
History:
[28-2-609, added 1967, ch. 161, sec. 2-609, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 6 - BREACH, REPUDIATION AND EXCUSE
Section 28-2-601 - BUYER’S RIGHTS ON IMPROPER DELIVERY.
Section 28-2-602 - MANNER AND EFFECT OF RIGHTFUL REJECTION.
Section 28-2-603 - MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-2-604 - BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
Section 28-2-605 - WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
Section 28-2-606 - WHAT CONSTITUTES ACCEPTANCE OF GOODS.
Section 28-2-608 - REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
Section 28-2-609 - RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-2-610 - ANTICIPATORY REPUDIATION.
Section 28-2-611 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-2-612 - “INSTALLMENT CONTRACT” — BREACH.
Section 28-2-613 - CASUALTY TO IDENTIFIED GOODS.
Section 28-2-614 - SUBSTITUTED PERFORMANCE.
Section 28-2-615 - EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.