Idaho State Statutes - Idaho Attorney Directory

(1) Where the contract
requires or authorizes the seller to ship the goods by carrier
(a) if it does not require him to deliver them at a particular
destination, the risk of loss passes to the buyer when the goods are duly
delivered to the carrier even though the shipment is under reservation
(section 28-2-505); but
(b) if it does require him to deliver them at a particular destination
and the goods are there duly tendered while in the possession of the
carrier, the risk of loss passes to the buyer when the goods are there
duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being
moved, the risk of loss passes to the buyer
(a) on his receipt of possession or control of a negotiable document of
title covering the goods; or
(b) on acknowledgment by the bailee of the buyer's right to possession of
the goods; or
(c) after his receipt of possession or control of a nonnegotiable
document of title or other direction to deliver in a record, as provided
in subsection (4)(b) of section 28-2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes
to the buyer on his receipt of the goods if the seller is a merchant;
otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of
the parties and to the provisions of this chapter on sale on approval (section
28-2-327) and on effect of breach on risk of loss (section 28-2-510).

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