HRS 0490-0007-0204 ANNOTATIONS

Prior Uniform Statutory Provision: Sections 3 and 21, Uniform Warehouse Receipts Act.

Changes: Consolidated and rewritten; material on limitation of remedy is new.

Purposes of Changes:

The old uniform acts provided that receipts could not contain terms impairing the obligation of reasonable care. Whether this is violated by a stipulation that in case of loss the bailee's liability is limited to stated amounts has been much controverted. The section is intended to eliminate that controversy by setting forth the conditions under which liability is so limited. However, as subsection (4) makes clear, the states as well as the federal government may supplement this section with more rigid standards of responsibility for some or all bailees.

Cross References:

Sections 7-103 and 10-103.

Definitional Cross References:

"Action". Section 1-201.

"Agreed". Section 1-201.

"Goods". Section 7-102.

"Reasonable time". Section 1-204.

"Sign". Section 1-201.

"Term". Section 1-201.

"Value". Section 1-201.

"Warehouse receipt". Section 1-201.

"Warehouseman". Section 7-102.

"Written". Section 1-201.