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State Statutes - Idaho - Title 28 - Chapter 2 - 28-2-209
Idaho Statutes
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28-2-209 - MODIFICATION, RESCISSION AND WAIVER
(1) An agreement modifying
a contract within this chapter needs no consideration to be binding.
(2) A signed agreement which excludes modification or rescission except
by a signed writing cannot be otherwise modified or rescinded, but except as
between merchants such a requirement on a form supplied by the merchant must
be separately signed by the other party.
(3) The requirements of the statute of frauds section of this chapter
(section 28-2-201) must be satisfied if the contract as modified is within its
provisions.
(4) Although an attempt at modification or rescission does not satisfy
the requirements of subsection (2) or (3) it can operate as a waiver.
(5) A party who has made a waiver affecting an executory portion of the
contract may retract the waiver by reasonable notification received by the
other party that strict performance will be required of any term waived,
unless the retraction would be unjust in view of a material change of position
in reliance on the waiver.
 
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