Idaho State Statutes - Idaho Attorney Directory

Where the contract requires for
its performance goods identified when the contract is made, and the goods
suffer casualty without fault of either party before the risk of loss passes
to the buyer, or in a proper case under a "no arrival, no sale" term (section
28-2-324) then
(a) if the loss is total the contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated as no longer
to conform to the contract the buyer may nevertheless demand inspection and at
his option either treat the contract as avoided or accept the goods with due
allowance from the contract price for the deterioration or the deficiency in
quantity but without further right against the seller.

Click here to visit the Official Idaho State Statutes