2019 Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Part 1 - GENERAL PROVISIONS
Section 28-12-109 - OPTION TO ACCELERATE AT WILL.

Universal Citation: ID Code § 28-12-109 (2019)

28-12-109. OPTION TO ACCELERATE AT WILL. (1) A term providing that one (1) party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or "when he deems himself insecure" or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired.

(2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.

History:

[28-12-109, added 1993, ch. 287, sec. 1, p. 983.]

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