(a) If a lessor fails to deliver the goods in conformity to the lease contract (section 490:2A-509 ) or repudiates the lease contract (§ 490:2A-402 ), or a lessee rightfully rejects the goods (section 490:2A-509 ) or justifiably revokes acceptance of the goods (§ 490:2A-517 ), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (section 490:2A-510 ), the lessor is in default under the lease contract and the lessee may:

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 490:2A-508

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fraud: Intentional deception resulting in injury to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(1) Cancel the lease contract (section rescission, or fraud on rights and remedies” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>490:2A-505(a) );
(2) Recover so much of the rent and security as has been paid and is just under the circumstances;
(3) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (sections 490:2A-518 and 490:2A-520 ), or recover damages for nondelivery (sections 490:2A-519 and 490:2A-520 );
(4) Exercise any other rights or pursue any other remedies provided in the lease contract.
(b) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

(1) If the goods have been identified, recover them (section 490:2A-522 ); or
(2) In a proper case, obtain specific performance or replevy the goods (section 490:2A-521 ).
(c) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in section 490:2A-519(c).
(d) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (section 490:2A-519(d) ).
(e) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee’s possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to section 490:2A-527(e).
(f) Subject to the provisions of section 490:2A-407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.

  Previous
Next  
 Subpart B Contents