reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:1-202 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-202 Notice; knowledge.

  §490:1-202 Notice; knowledge. (a) Subject to subsection (f), a person has "notice" of a fact if the person:  (1) Has actual knowledge of it;  (2) Has received a notice or notification of it; or  (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.  (b) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.  (c) "Discover", "learn", or words of similar import refer to knowledge rather than to reason to know.  (d) A person "notifies" or "gives" a notice or notification to another by taking steps reasonably required to inform the other in ordinary course, whether or not the other person actually comes to know of it.  (e) Subject to subsection (f), a person "receives" a notice or notification when:  (1) It comes to that person's attention; or  (2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.  (f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-204 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-204 Value.

 §490:1-204 Value. Except as otherwise provided in articles 3, 4, and 5, a person gives value for rights if the person acquires them:  (1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;  (2) As security for, or in total or partial satisfaction of, a preexisting claim;  (3) By accepting delivery under a preexisting contract for purchase; or  (4) In return for any consideration sufficient to support a simple contract. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-205 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-205 Reasonable time; seasonableness.

 §490:1-205 Reasonable time; seasonableness. (a) Whether a time for taking an action required by this chapter is reasonable depends on the nature, purpose, and circumstances of the action.  (b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-206 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-206 Presumptions.

  §490:1-206 Presumptions. Whenever this chapter creates a "presumption" with respect to a fact, or provides that a fact is "presumed", the trier of fact shall find the existence of the fact unless evidence is introduced that supports a finding of its nonexistence. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-301 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-301 Territorial applicability; parties' power to choose applicable law.

  §490:1-301 Territorial applicability; parties' power to choose applicable law. (a) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State and also to another state or nation, the parties may agree that the law either of this State or of such other state or nation shall govern their rights and duties.  (b) In the absence of an agreement effective under subsection (a), and except as provided in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate relation to this State.  (c) If one of the following provisions of the Uniform Commercial Code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:  (1) Section 490:2-402;  (2) Sections 490:2A-105 and 490:2A-106;  (3) Section 490:4-102;  (4) Section 490:4A-507;  (5) Section 490:5-116;  (6) Section 490:8-110; and  (7) Sections 490:9-301 through 490:9-307. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-302 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-302 Variation by agreement.

  §490:1-302 Variation by agreement. (a) Except as otherwise provided in subsection (b) or elsewhere in this chapter, the effect of provisions of this chapter may be varied by agreement.  (b) The obligations of good faith, diligence, reasonableness, and care prescribed by this chapter may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this chapter requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.  (c) The presence in certain provisions of this chapter of the phrase "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-303 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-303 Course of performance, course of dealing, and usage of trade.

  §490:1-303 Course of performance, course of dealing, and usage of trade. (a) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:  (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and  (2) The other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.  (b) A "course of dealing" is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.  (c) A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of a usage of trade shall be proved as facts. If it is established that the usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.  (d) A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement. A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.  (e) Except as otherwise provided in subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade shall be construed whenever reasonable as consistent with each other. If such a construction is unreasonable:  (1) Express terms prevail over course of performance, course of dealing, and usage of trade;  (2) Course of performance prevails over course of dealing and usage of trade; and  (3) Course of dealing prevails over usage of trade.  (f) Subject to section 490:2-209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.  (g) Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-304 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-304 Obligation of good faith.

  §490:1-304 Obligation of good faith. Every contract or duty within this chapter imposes an obligation of good faith in its performance and enforcement. [L 2004, c 162, pt of §1] Case Notes  Where the court predicted that the Hawaii supreme court would interpret §490:1-203 (and this section, its successor) to preclude an independent cause of action for failure to perform or enforce a warranty in good faith, plaintiff's claim for breach of the implied covenant of good faith and fair dealing dismissed. 459 F. Supp. 2d 1028.
HI Rev Stat § 490:1-305 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-305 Remedies to be liberally administered.

  §490:1-305 Remedies to be liberally administered. (a) The remedies provided by this chapter shall be liberally administered so that the aggrieved party is put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this chapter or by other rule of law.  (b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-306 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-306 Waiver or renunciation of claim or right after breach.

  §490:1-306 Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-307 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-307 Prima facie evidence by third-party documents.

  §490:1-307 Prima facie evidence by third-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-308 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-308 Performance or acceptance under reservation of rights.

  §490:1-308 Performance or acceptance under reservation of rights. (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.  (b) Subsection (a) does not apply to an accord and satisfaction. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-309 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-309 Option to accelerate at will.

  §490:1-309 Option to accelerate at will. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure", or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:1-310 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:1-310 Subordinated obligations.

  §490:1-310 Subordinated obligations. An obligation may be issued as subordinated to performance of another obligation of the person obligated, or a creditor may subordinate its right to performance of an obligation by agreement with either the person obligated or another creditor of the person obligated. Subordination does not create a security interest as against either the common debtor or a subordinated creditor. [L 2004, c 162, pt of §1]
HI Rev Stat § 490:2-101 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-101 Short title.

Law Journals and Reviews Contracts and Commercial Law. 2 UH L. Rev. 247. PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER  §490:2-101 Short title. This article shall be known and may be cited as Uniform Commercial Code--Sales. [L 1965, c 208, §2-101; HRS §490:2-101]
HI Rev Stat § 490:2-102 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-102 Scope; certain security and other transactions excluded from this article.

  §490:2-102 Scope; certain security and other transactions excluded from this article. Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers. [L 1965, c 208, §2-102; HRS §490:2-102] Case Notes  Uniform commercial code applies to distributorship agreements in Hawaii. 775 F. Supp. 1329.
HI Rev Stat § 490:2-103 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-103 Definitions and index of definitions.

  §490:2-103 Definitions and index of definitions. (1) In this article unless the context otherwise requires:  (a) "Buyer" means a person who buys or contracts to buy goods.  (b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.  (c) "Receipt" of goods means taking physical possession of them.  (d) "Seller" means a person who sells or contracts to sell goods.  (2) Other definitions applying to this article or to specified parts thereof, and the sections in which they appear are:  "Acceptance". Section 490:2-606.  "Banker's credit". Section 490:2-325.  "Between merchants". Section 490:2-104.  "Cancellation". Section 490:2-106(4).  "Commercial unit". Section 490:2-105.  "Confirmed credit". Section 490:2-325.  "Conforming to contract". Section 490:2-106.  "Contract for sale". Section 490:2-106.  "Cover". Section 490:2-712.  "Entrusting". Section 490:2-403.  "Financing agency". Section 490:2-104.  "Future goods". Section 490:2-105.  "Goods". Section 490:2-105.  "Identification". Section 490:2-501.  "Installment contract". Section 490:2-612.  "Letter of credit". Section 490:2-325.  "Lot". Section 490:2-105.  "Merchant". Section 490:2-104.  "Overseas". Section 490:2-323.  "Person in position of seller". Section 490:2-707.  "Present sale". Section 490:2-106.  "Sale". Section 490:2-106.  "Sale on approval". Section 490:2-326.  "Sale or return". Section 490:2-326.  "Termination". Section 490:2-106.  (3) The following definitions in other articles apply to this article:  "Check". Section 490:3-104.  "Consignee". Section 490:7-102.  "Consignor". Section 490:7-102.  "Consumer goods". Section 490:9-102.  "Control". Section 490:7-106.  "Dishonor". Section 490:3-502.  "Draft". Section 490:3-104.  (4) In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. [L 1965, c 208, §2-103; HRS §490:2-103; am L 1997, c 32, §3; am L 2000, c 241, §11; am L 2004, c 163, §4]
HI Rev Stat § 490:2-104 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-104 Definitions: "merchant"; "between merchants"; "financing agency".

  §490:2-104 Definitions: "merchant"; "between merchants"; "financing agency". (1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.  (2) "Financing agency" means a bank, finance company, or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 490:2-707).  (3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. [L 1965, c 208, §2-104; HRS §490:2-104; am L 2004, c 163, §5] Case Notes  Restaurant in business for two years was a merchant. 691 F. Supp. 247.
HI Rev Stat § 490:2-105 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-105 Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit".

  §490:2-105 Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit". (1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (article 8) and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section 490:2-107).  (2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are "future" goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.  (3) There may be a sale of a part interest in existing identified goods.  (4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.  (5) "Lot" means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.  (6) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole. [L 1965, c 208, §2-105; HRS §490:2-105] Case Notes  Permanently affixed lanai tile not a "good" within the meaning of the Hawaii Uniform Commercial Code. 841 F. Supp. 986.
HI Rev Stat § 490:2-106 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-106 Definitions

  §490:2-106 Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation". (1) In this article unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (section 490:2-401). A "present sale" means a sale which is accomplished by the making of the contract.  (2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.  (3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.  (4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance. [L 1965, c 208, §2-106; HRS §490:2-106] Case Notes  There was no evidence of a relevant "sale" of lanai tile to time-share owner. 841 F. Supp. 986.
HI Rev Stat § 490:2-107 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-107 Goods to be severed from realty: recording.

  §490:2-107 Goods to be severed from realty: recording. (1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.  (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.  (3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale. [L 1965, c 208, §2-107; HRS §490:2-107; am L 1978, c 155, §1(4)] Case Notes  Cited: 841 F. Supp. 986.