HRS 0490-0002-0301 ANNOTATIONS

Products Liability in Hawaii, 14 HBJ 127.

***********************************************************************

ANNOTATIONS ABOVE RELATE TO ARTICLE, CHAPTER, OR PART HEADING;

ANNOTATIONS BELOW ARE FOR SECTION ONLY.

***********************************************************************

Changes: Rewritten.

Purposes of Changes:

This section uses the term "obligation" in contrast to the term of "duty" in order to provide for the "condition" aspects of delivery and payment insofar as they are not modified by other sections of this Article such as those on cure of tender. It thus replaces not only the general provisions of the Uniform Sales Act on the parties' duties, but also the general provisions of that Act on the effect of conditions. In order to determine what is "in accordance with the contract" under this Article usage of trade, course of dealing and performance, and the general background of circumstances must be given due consideration in conjunction with the lay meaning of the words used to define the scope of the conditions and duties.

Section 1-106. See also Sections 1-205, 2-208, 2-209, 2-508 and 2-612.

"Buyer". Section 2-103.

"Contract". Section 1-201.

"Party". Section 1-201.

"Seller". Section 2-103.