Contract Disputes and Property Disputes in Idaho
A contract dispute is a legal dispute about an agreement. When two or more parties enter into a contract or agreement, all parties must accept to abide by the contract’s terms. However, when one or more parties violate the contract terms by omission, negligence, or other means, disputes may arise. Similarly, property disputes are disagreements about real estate or. Property disputes may arise from several real estate issues, including property boundaries and wrongful ownership.
Contract and property disputes are non-criminal; in Idaho, small claims courts and district courts hear and manage civil cases, depending on the amount or value.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Idaho?
Idaho state laws describe contracts as promises made between two or more parties. The law gives remedies for contract breaches and recognizes the performance of contracts as a duty. According to ID Code § 29–101, any persons may contract, except minors, persons deprived of civil rights, and mentally unstable persons. It is possible to make contracts orally or in writing. Except where the law expressly requires writing, Idaho laws recognize oral contracts as much as written contracts.
Contract disputes arise from disagreements between parties about the terms and fulfillment of a contract.
What are the Most Common Contract Disputes in Idaho
Here are some of the most common contract disputes in Idaho:
- Contract breach: when one or more parties do not fulfill a contract’s requirements or do not fulfill the requirements as specified in the contract terms, it is a contract breach.
- Workplace injury claims: Persons who sustain personal injuries at workplaces may file claims for damages.
- Defects: if a party provides products or services that the beneficiary finds defective, a dispute may arise.
- Non-payment disputes: If a party does not pay for a product or service as agreed, or if the party does not pay the agreed amount, a dispute will arise.
- Failure to comply: When one or more parties refuse to comply with a contract’s terms, it leads to disputes.
- Offer and acceptance disputes: Contract parties may not agree about the offer or the acceptance of the offer.
- Consideration disputes: disputes may arise from disagreements about consideration. In Idaho, the defendant must prove that there is a lack of or insufficient consideration in a contract.
What is Idaho Contract Law?
Idaho Contract Law (ID Code § 29, ID Code § 28) offers guidelines for private and commercial contracts, including definitions, requirements, and guidelines for remedies and damages. In Idaho, minors, mentally unsound persons, and persons deprived of civil rights may not enter into contracts. The law outlines which contracts are enforceable, how to prove a lack of or insufficient consideration, case limitations, amongst other things.
What is a Breach of Contract in Idaho?
A breach of contract occurs when a party fails to fulfill a contract’s requirements or fails to fulfill the contract requirements specified in the contract terms. Additionally, if a party incurs damages in the process of fulfilling the contract terms, it is a breach. There are two major types of contract breaches:
- Material breach: Material breaches are major contract breaches. Material breaches occur when a party’s failure to fulfill the terms of a contract or failure to fulfill the requirements as highlighted in the contract terms affects the execution of the contract. Typically, the court awards damages to the non-breaching party in material breach cases.
- Non-material breach: Non-material breaches may not affect the fulfillment of a contract. The non-breaching party must still fulfill the contract requirements; however, the party may sue the breaching party for damages.
What are the Remedies for a Breach of Contract in Idaho?
The court provides relief or resolution in the form of remedies to non-breaching parties in a contract. The remedies may take any of the following forms:
- Damages: the court awards damages to compensate the non-breaching party for any loss the party suffered because of the contract breach.
- Specific performance: In place of damages, the court may require the breaching party to perform specific acts towards the fulfillment of the contract.
- Restitution: With restoration, the court aims to restore the contract parties to a pre-contract state. The court may require a party to restore an item to the non-breaching party or provide the item’s monetary value.
- Reformation: This is the case when the court allows contract parties to re-write parts of a contract so that it reflects the original intentions of the contract parties.
- Rescission: This remedy allows parties to cancel a contract.
Any persons, corporations, or partnerships may file contract claims. To begin civil legal action, the non-breaching party must file a complaint at a small claims court or district court. Complaints detail the breach and the events leading up to it as the plaintiff sees the events. The plaintiff must pay filing fees and also file summons with the complaints. The plaintiff must then ensure that the defendant receives the summons. The defendant must respond in writing to the complaint within 20 days of receipt. If the defendant does not comply with the court’s time limits, the plaintiff may petition the court for a default judgment in the plaintiff’s favor. Similarly, a defendant may request a default judgment if the plaintiff does not comply with the court’s time limits.
When all the motions are complete, a discovery process ensues. This allows attorneys and representatives of both parties to collect evidence, witnesses, and other information that relate to the case. Parties to a contract breach case may be able to resolve differences through mediation or pretrial. However, if such parties cannot reach a settlement through mediation or pre-trial hearings, the case will proceed to trial.
What Defenses Can Be Used Against a Breach of Contract Claim in Idaho?
In Idaho, the burden of proof is on the plaintiff. This means that the plaintiff must prove that a contract breach occurred. The defendant, on the other hand, must establish a defense against the plaintiff’s claim. The defenses that the defendant can use against a breach of contract claim include:
- Affirmative defenses, such as
- Undue influence
What are Property Disputes in Idaho?
Property disputes involve real estate or property and may range from boundary disputes to ownership claims. Idaho Property Laws offer guidelines on property ownership, transfer, sales, and the obligations and rights of property owners in the state.
What Are Some Common Types of Property Disputes in Idaho?
Common types of property disputes in Idaho include:
- Boundary/property line disputes: Overhanging tree lines, incorrect boundary markers, partition fences are common sources of property disputes in Idaho.
- Trespassing: illegally accessing or using public and private property is trespassing
- Title Claims: When more than one person claims ownership of a property, a dispute ensues.
- Property code violations: the state sets property laws to help maintain healthy living conditions. Property code violations may result in disputes.
- Lease disputes: landlord-tenant disputes and other commercial and private lease disputes are common types of property disputes in Idaho.
How to Find Property Lines
Property lines are demarcations or markers that indicate where one property ends and another begins. Property lines often help determine the placement of fences and other structures. In Idaho, interested parties may find property lines using the Geographic Information System (GIS) that the Idaho Department of Lands provides. The GIS offers information about all state-owned lands in an easily understood format. Idaho Department of Lands makes the information public through the Online Customer Portal. Property lines and ownership information are also available on some third-party websites.
How do I Find a Property Dispute Lawyer Near me?
The Idaho Lawyer Referral Service is a great tool for finding property dispute lawyers. The Idaho State Bar offers the referral service and other directories and databases through which interested parties may find legal assistance and resources. The Idaho State Bar also offers legal assistance to parties who cannot afford legal fees through the Idaho Volunteer Lawyers Program.