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State Statutes - Idaho - Title 28 - Chapter 12 - 28-12-505
Idaho Statutes
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28-12-505 - CANCELLATION AND TERMINATION AND EFFECT OF CANCELLATION, TERMINATION, RESCISSION OR FRAUD ON RIGHTS AND REMEDIES
CANCELLATION AND TERMINATION AND EFFECT OF CANCELLATION,
TERMINATION, RESCISSION OR FRAUD ON RIGHTS AND REMEDIES. (1) On cancellation
of the lease contract, all obligations that are still executory on both sides
are discharged, but any right based on prior default or performance survives,
and the cancelling party also retains any remedy for default of the whole
lease contract or any unperformed balance.
(2) On termination of the lease contract, all obligations that are still
executory on both sides are discharged but any right based on prior default or
performance survives.
(3) Unless the contrary intention clearly appears, expressions of
"cancellation," "rescission," or the like of the lease contract may not be
construed as a renunciation or discharge of any claim in damages for an
antecedent default.
(4) Rights and remedies for material misrepresentation or fraud include
all rights and remedies available under this chapter for default.
(5) Neither rescission nor a claim for rescission of the lease contract
nor rejection or return of the goods may bar or be deemed inconsistent with a
claim for damages or other right or remedy.
 
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