HI · jury_instructions
Haw. Civil Jury Instr. 12.7
NOTICE OF BREACH REQUIRED1
Seller(s)/lessor(s) is/are not liable for a breach of an
express or implied warranty unless seller(s)/lessor(s) received
notice of the claimed breach within a reasonable time after
plaintiff(s) knew or should have known of the alleged breach of
warranty. What amounts to a reasonable time is for you to
decide based upon all the circumstances of this case.
Notice may be oral or in writing; no particular form of
notice is required. It must have informed defendant(s) of the
alleged breach of warranty and plaintiff’s(s’) intention to look
to defendant(s) for damages. Whether plaintiff(s) gave this
information to defendant(s) within a reasonable time in this
case is for you to determine.
If plaintiff(s) fail/fails to prove that he/she/it/they
gave such notice within a reasonable time, then plaintiff(s)
cannot recover on the claim for breach of warranty.
1 This instruction may not apply in personal injury actions
involving consumer goods.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
0cb0cdc9e9f7cc1c5713097fe04d4c248f5a8a039b3e0ff5136852bbf50d2e87
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