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Haw. Rev. Stat. § 490:2A-208

Modification, rescission and waiver

Known as the Uniform Commercial Code

The act spans §§ 490:10-101 to 490:9-809 (641 sections).

Applied in 1 court decision — leading case Budget Rent a Car Systems, Inc. v. Rita v. Nakamoto, and Lenora Morita (1998)

Most recently applied in Budget Rent a Car Systems, Inc. v. Rita v. Nakamoto, and Lenora Morita (February 1998)

L 1991, c 40, pt of §1; am L 2023, c 132, §64

(a) An agreement modifying a lease contract needs no consideration to be binding.

(b) A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.

(c) Although an attempt at modification or rescission does not satisfy the requirements of subsection (b), it may operate as a waiver.

(d) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.