Idaho State Statutes - Idaho Attorney Directory

If a lease contract requires
goods identified when the lease contract is made, and the goods suffer
casualty without fault of the lessee, the lessor or the supplier before
delivery, or the goods suffer casualty before risk of loss passes to the
lessee pursuant to the lease agreement or section 28-12-219, then:
(1) If the loss is total, the lease contract is avoided; and
(2) If the loss is partial or the goods have so deteriorated as to no
longer conform to the lease contract, the lessee may nevertheless demand
inspection and at his option either treat the lease contract as avoided or,
except in a finance lease that is not a consumer lease, accept the goods with
due allowance from the rent payable for the balance of the lease term for the
deterioration or the deficiency in quantity but without further right against
the lessor.

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