Idaho State Statutes - Idaho Attorney Directory

(1) Damages
for breach by either party may be liquidated in the agreement but only at an
amount which is reasonable in the light of the anticipated or actual harm
caused by the breach, the difficulties of proof of loss, and the inconvenience
or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing
unreasonably large liquidated damages is void as a penalty.
(2) Where the seller justifiably withholds delivery of goods because of
the buyer's breach, the buyer is entitled to restitution of any amount by
which the sum of his payments exceeds
(a) the amount to which the seller is entitled by virtue of terms
liquidating the seller's damages in accordance with subsection (1), or
(b) in the absence of such terms, twenty per cent (20%) of the value of
the total performance for which the buyer is obligated under the contract
or $500, whichever is smaller.
(3) The buyer's right to restitution under subsection (2) is subject to
offset to the extent that the seller establishes
(a) a right to recover damages under the provisions of this chapter other
than subsection (1), and
(b) the amount or value of any benefits received by the buyer directly or
indirectly by reason of the contract.
(4) Where a seller has received payment in goods their reasonable value
or the proceeds of their resale shall be treated as payments for the purposes
of subsection (2); but if the seller has notice of the buyer's breach before
reselling goods received in part performance, his resale is subject to the
conditions laid down in this chapter on resale by an aggrieved seller (section
28-2-706).

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