Idaho State Statutes - Idaho Attorney Directory

(1) A party
may perform his duty through a delegate unless otherwise agreed or unless the
other party has a substantial interest in having his original promisor perform
or control the acts required by the contract. No delegation of performance
relieves the party delegating of any duty to perform or any liability for
breach.
(2) Except as otherwise provided in section 28-9-406, unless otherwise
agreed, all rights of either seller or buyer can be assigned except where the
assignment would materially change the duty of the other party, or increase
materially the burden or risk imposed on him by his contract, or impair
materially his chance of obtaining return performance. A right to damages for
breach of the whole contract or a right arising out of the assignor's due
performance of his entire obligation can be assigned despite agreement
otherwise.
(3) The creation, attachment, perfection or enforcement of a security
interest in the seller's interest under a contract is not a transfer that
materially changes the duty of or increases materially the burden or risk
imposed on the buyer or impairs materially the buyer's chance of obtaining
return performance within the purview of subsection (2) of this section
unless, and then only to the extent that, enforcement actually results in a
delegation of material performance of the seller. Even in that event, the
creation, attachment, perfection and enforcement of the security interest
remain effective, but: (i) the seller is liable to the buyer for damages
caused by the delegation to the extent that the damages could not reasonably
be prevented by the buyer; and (ii) a court having jurisdiction may grant
other appropriate relief, including cancellation of the contract for sale or
an injunction against enforcement of the security interest or consummation of
the enforcement.
(4) Unless the circumstances indicate the contrary, a prohibition of
assignment of "the contract" is to be construed as barring only the delegation
to the assignee of the assignor's performance.
(5) An assignment of "the contract" or of "all my rights under the
contract" or an assignment in similar general terms is an assignment of rights
and unless the language or the circumstances, as in an assignment for
security, indicate the contrary, it is a delegation of performance of the
duties of the assignor and its acceptance by the assignee constitutes a
promise by him to perform those duties. This promise is enforceable by either
the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegates performance
as creating reasonable grounds for insecurity and may without prejudice to his
rights against the assignor demand assurances from the assignee (section
28-2-609).

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