§490:2-315 Implied warranty: fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. [L 1965, c 208, §2-315; HRS §490:2-315] Law Journals and Reviews Tort and Insurance 'Reform' in a Common Law Court. 14 UH L. Rev. 55. Case Notes A genuine issue of material fact existed as to whether plaintiff relied on defendant's expertise in supplying a suitable product. 971 F. Supp. 2d 1017 (2013). Considering the physical appearance of the disclaimer, the sophistication of the parties, and the circumstances of the negotiation and signing, the court declined to find that defendant disclaimed the implied warranty of fitness. 971 F. Supp. 2d 1017 (2013). Where product is defective, even when seller does not detect defect, seller is liable under implied warranty of fitness for particular purpose. 66 H. 237, 659 P.2d 734.
Hawaii Legal Code