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State Statutes - Idaho - Title 28 - Chapter 2 - 28-2-609
Idaho Statutes
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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.
 
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