HRS 0490-0001-0202 ANNOTATIONS

COMMENTS TO OFFICIAL TEXT

Prior Uniform Statutory Provision: None.

Purposes:

1. This section is designed to supply judicial recognition for documents which have traditionally been relied upon as trustworthy by commercial men.

2. This section is concerned only with documents which have been given a preferred status by the parties themselves who have required their procurement in the agreement and for this reason the applicability of the section is limited to actions arising out of the contract which authorized or required the document. The documents listed are intended to be illustrative and not all inclusive.

3. The provisions of this section go no further than establishing the documents in question as prima facie evidence and leave to the court the ultimate determination of the facts where the accuracy or authenticity of the documents is questioned. In this connection the section calls for a commercially reasonable interpretation.

Definitional Cross References:

"Bill of lading". Section 1-201.

"Contract". Section 1-201.

"Genuine". Section 1-201.

 

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