29-101. WHO MAY CONTRACT. All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights. History: [(29-101) 1863, p. 515, sec. 1; R.S., sec. 3220; reen. R.C. & C.L., sec. 3312; C.S., sec. 5661; I.C.A., sec. 28-101.]
29-102. ENFORCEMENT BY BENEFICIARY. A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it. History: [(29-102) R.S., sec. 3221; reen. R.C. & C.L., sec. 3313; C.S., sec. 5662; I.C.A., sec. 28-102.]
29-103. PRESUMPTION OF CONSIDERATION. A written instrument is presumptive evidence of a consideration. History: [(29-103) R.S., sec. 3222; reen. R.C. & C.L., sec. 3314; C.S., sec. 5663; I.C.A., sec. 28-103.]
29-104. WANT OF CONSIDERATION — BURDEN OF PROOF. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it. History: [(29-104) R.S., sec. 3223; reen. R.C. & C.L., sec. 3315; C.S., sec. 5664; I.C.A., sec. 28-104.]
29-105. CONTRACTS MAY BE ORAL. All contracts may be oral except such as are specially required by statute to be in writing. History: [(29-105) R.S., sec. 3224; reen. R.C. & C.L., sec. 3316; C.S., sec. 5665; I.C.A., sec. 28-105.]
29-106. CONTRACT NOT PUT IN WRITING THROUGH FRAUD. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief […]
29-107. CORPORATE OR OFFICIAL SEAL — HOW AFFIXED. A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written. History: [(29-107) R.S., sec. 3226; reen. R.C. & C.L., sec. 3318; C.S., sec. 5667; I.C.A., sec. 28-107.]
29-108. DISTINCTION AS TO SEALED INSTRUMENTS ABOLISHED. All distinctions between sealed and unsealed instruments are abolished. History: [(29-108) R.S., sec. 3227; reen. R.C. & C.L., sec. 3319; C.S., sec. 5668; I.C.A., sec. 28-108.]
29-109. CONSTRUCTION OF CONFLICTING PROVISIONS. Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties […]
29-110. LIMITATIONS ON RIGHT TO SUE UNDER CONTRACT OR FRANCHISE AGREEMENT. (1) Every stipulation or condition in a contract, by which any party thereto is restricted from enforcing his rights under the contract in Idaho tribunals, or which limits the time within which he may thus enforce his rights, is void as it is against […]
29-111. DEBTOR MAY DEMAND RECEIPT. A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation. History: [(29-111) R.S., sec. 3230; reen. R.C. & C.L., sec. 3322; C.S., sec. 5671; I.C.A., sec. 28-111.]
29-112. OBJECTION TO OFFER OF PERFORMANCE. All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor if not then stated. History: [(29-112) R.S., sec. 3231; […]
29-113. RELEASE FOR PERSONAL INJURY. Any agreement entered into by any person within fifteen (15) days after he incurs a personal injury, which may adversely affect his right to be compensated for such injury, may be disavowed by such injured person within one (1) year after the making of the agreement. No agreement disavowed may […]
29-114. INDEMNIFICATION OF PROMISEE FOR NEGLIGENCE — EFFECT ON EXISTING AGREEMENTS. A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair or maintenance of a building, structure, highway, appurtenance and appliance, including moving, demolition and excavating connected therewith, purporting to indemnify […]
29-115. CONSTRUCTION CONTRACTS. (1) This section is applicable with respect to all contracts entered into on or after July 1, 1990, between owners and original contractors relating to the construction of any private work of improvement. (2) In any contract relating to the construction of any private work of improvement, the retention proceeds withheld by […]
29-116. COMPUTER INFORMATION AGREEMENTS. (1) In an action based on a computer information agreement that contains a choice of laws provision that would result in application of the uniform computer information transactions act to such computer information agreement, such choice of laws provision is voidable by the party against whom enforcement is sought, and the […]
