Section 29-115 – CONSTRUCTION CONTRACTS.
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 […]
Section 29-116 – COMPUTER INFORMATION AGREEMENTS.
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 […]
Section 29-102 – ENFORCEMENT BY BENEFICIARY.
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.]
Section 29-103 – PRESUMPTION OF CONSIDERATION.
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.]
Section 29-104 – WANT OF CONSIDERATION — BURDEN OF PROOF.
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.]
Section 29-101 – WHO MAY CONTRACT.
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.]