Contract Clause Limitations
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Statutes
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 the public policy of Idaho. (I.C. § 29-110)
Cases
Contract clauses limiting the time in which a party may bring an action to enforce its rights are void as against public policy under Idaho law. I.C. § 29-110(1). This section, besides striking down contractual limitations on the time within which a party may sue, also establishes a strong public policy against the enforcement of forum selection clauses. Cerami-Kote, Inc. v. Energywave Corp., 116 Idaho 56, 773 P.2d 1143 (1989).
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Contributors
Kristin E. Bjorkman, Esq.
Hawley Troxell
The statutory information was edited and reviewed with the support of MultiState
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