Haw. Civil Jury Instr. 13.1

To prevail on the claim for breach of an implied warranty

of merchantability, plaintiff(s) must prove all of the following

elements:

1. Defendant(s) was/were a seller(s)/lessor(s) in a

sale/lease of goods; and

2. Plaintiff(s) was/were reasonably expected to use,

consume or be affected by the product; and

3. Any one of the following:

(a) The product would not pass without objection in

the trade under the contract description; or

(b) In the case of fungible goods, the product was

not of fair average quality within the description; or

(c) The product was not fit for the ordinary purposes

for which such goods are used; or

(d) The product did not run, within the variations

permitted by the agreement, of even kind, quality and

quantity within each unit and among all units involved; or

(e) The product was not adequately contained,

packaged, and labeled as the agreement required; or

(f) The product did not conform to the promises or

affirmations of fact made on the container or label if any;

and

4. The way in which the product was not fit for its

ordinary purpose was a legal cause of damage to plaintiff(s).