In legal terms Idaho breach of contract is such where any party of a contract breaks the promise or deny or failed to perform the mentioned works in contract.
Breaches of a contract can be single, occurring at solitary purpose in tie, or continued breaches.
A proceeding for Idaho breach of contract might be a legal action and therefore the remedies awarded are designed to put the victim within the position they might be in if not for the breach.
Now let’s have a look at the details of Idaho Breach of Contract Law.
Idaho Breach of Contract Law is regulating by the Commercial Transaction of Idaho statutes.
Title 28 – Commercial Transactions of Idaho statutes deal with provisions relating to remedy and penalty for breach of contracts.
- The title describes the laws as prescribed by the Uniform Commercial code for sales, negotiable instrument transactions, bank deposits, security transactions, etc.
- A breach of contract under the statute is when a party fails to perform his duty as required by the contract.
- The failure of the other party should have caused some damage to the party who has performed his promise under the contract.
- The damages as per the contract will be limited to general damages and incidental damages incurred due to the non-performance.
The remedies for the breach of contract are discussing below:
According to the Title 28 Chapter 2 and Part 7 the remedies are as follow-
28-2-701. Discussing about the Remedies for the breach of collateral contracts not impaired.
Remedies for the breach of any obligation or promise collateral or subsidiary to a contract for sale are not impaired by the provisions of this chapter.
28-2-702. Discussing about the Seller’s Remedies on Discovery of Buyer’s Insolvency.
(1) Seller can refuse the delivery if seller finds the buyer insolvent except the product is purchase in cash. (section 28-2-705).
(2) Seller may reclaim the product within 10 days after receiving if the seller finds the buyer insolvent after the delivery of product in credit.
If such deceit has been created to the seller between 3 months before delivery then the 10 days limitation will not applicable. Except the buyer has intension to pay.
(3) The seller’s right to reclaim under subsection (2) is subject to the rights of a buyer in different good faith purchaser or lien creditor under this chapter (section 28-2-403).
Successful reclamation of products excludes all alternative remedies with respect to them.
28-2-703. Discussing about the Seller’s Remedies in General.
Wherever the buyer wrongfully rejects or revokes acceptance of products or fails to form a payment due on or before delivery or repudiates with relation to a section or the entire, then with relation to any product directly affected and, if the breach is of the entire contract (section 28-2-612), then additionally with relation to the entire undelivered balance, the aggrieved seller might
(a) Withhold delivery of such goods;
(b) Stop delivery by any bailee as hereafter provided (section 28-2-705);
(c) Proceed under consequent section respecting product still unidentified to the contract;
(d) Resell and recover damages as hereafter provided (section 28-2-706);
(e) Recover damages for rejection (section 28-2-708) or during a proper case the value (section 28-2-709);
28-2-721.Discussing about the Remedies for Fraud.
Remedies for material deception or fraud include all remedies offered under this chapter for non-fraudulent breach.
Neither another remedy or a claim for recession of the contract for sale nor rejection or return of the products shall bar or be deemed inconsistent with a claim for damages or alternative remedy.
Please do contact with Expert Attorney/Lawyer for further consultancy or if you are facing such problems for breach of contract in Idaho.