Idaho State Statutes - Idaho Attorney Directory

Subject to section 28-12-404 on
substituted performance, the following rules apply:
(1) Delay in delivery or nondelivery in whole or in part by a lessor or a
supplier who complies with the provisions of subsections (2) and (3) of this
section is not a default under the lease contract if performance as agreed has
been made impracticable by the occurrence of a contingency the nonoccurrence
of which was a basic assumption on which the lease contract was made or by
compliance in good faith with any applicable foreign or domestic governmental
regulation or order, whether or not the regulation or order later proves to be
invalid.
(2) If the causes mentioned in subsection (1) of this section affect only
part of the lessor's or the supplier's capacity to perform, he shall allocate
production and deliveries among his customers but at his option may include
regular customers not then under contract for sale or lease as well as his own
requirements for further manufacture. He may so allocate in any manner that is
fair and reasonable.
(3) The lessor seasonably shall notify the lessee and in the case of a
finance lease the supplier seasonably shall notify the lessor and the lessee,
if known, that there will be delay or nondelivery and, if allocation is
required under the provisions of subsection (2) of this section, of the
estimated quota thus made available for the lessee.

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