Hawaii Revised Statutes 490:2-106 – initions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction”

(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 that is accomplished by the making of the contract.

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Terms Used In Hawaii Revised Statutes 490:2-106

Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
Contract: A legal written agreement that becomes binding when signed.
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}
present sale: means a sale that is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103

(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.

(5) “Hybrid transaction” means a single transaction involving the sale of goods and:

(a) The provision of services;

(b) The lease of other goods; or

(c) The sale, lease, or license of property other than goods.

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Hawaii Revised Statutes 490:2-106 – initions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation”; “hybrid transaction”

Terms Used In Hawaii Revised Statutes 490:2-106

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