Idaho State Statutes - Idaho Attorney Directory

(1) Except in the case of a finance lease, risk
of loss is retained by the lessor and does not pass to the lessee. In the case
of a finance lease, risk of loss passes to the lessee.
(2) Subject to the provisions of this chapter on the effect of default on
risk of loss (section 28-12-220), if risk of loss is to pass to the lessee and
the time of passage is not stated, the following rules apply:
(a) If the lease contract requires or authorizes the goods to be shipped
by carrier:
(i) And it does not require delivery at a particular destination,
the risk of loss passes to the lessee when the goods are duly
delivered to the carrier; but
(ii) If it does require delivery 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 lessee when the goods are there duly
so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being
moved, the risk of loss passes to the lessee on acknowledgment by the
bailee of the lessee's right to possession of the goods.
(c) In any case not within the provisions of subparagraph (a) or (b) of
this subsection, the risk of loss passes to the lessee on the lessee's
receipt of the goods if the lessor, or, in the case of a finance lease,
the supplier, is a merchant; otherwise the risk passes to the lessee on
tender of delivery.

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