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State Statutes - Idaho - Title 28 - Chapter 2 - 28-2-614
Idaho Statutes
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28-2-614 - SUBSTITUTED PERFORMANCE
(1) Where without fault of either
party the agreed berthing, loading, or unloading facilities fail or an agreed
type of carrier becomes unavailable or the agreed manner of delivery otherwise
becomes commercially impracticable but a commercially reasonable substitute is
available, such substitute performance must be tendered and accepted.
(2) If the agreed means or manner of payment fails because of domestic or
foreign governmental regulation, the seller may withhold or stop delivery
unless the buyer provides a means or manner of payment which is commercially a
substantial equivalent. If delivery has already been taken, payment by the
means or in the manner provided by the regulation discharges the buyer's
obligation unless the regulation is discriminatory, oppressive or predatory.
 
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