PART 3.  GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

 

Law Journals and Reviews

 

  Products Liability in Hawaii, 14 HBJ 127.

 

     §490:2-301  General obligation of parties.  The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. [L 1965, c 208, §2-301; HRS §490:2-301]

 

COMMENTS TO OFFICIAL TEXT

 

  Prior Uniform Statutory Provision:  Sections 11 and 41, Uniform Sales Act.

  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.

  Cross References:

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

  Definitional Cross References:

  "Buyer".  Section 2-103.

  "Contract".  Section 1-201.

  "Party".  Section 1-201.

  "Seller".  Section 2-103.