§490:2-318 - Third party beneficiaries of warranties express or implied. - Hawaii Statutes

     §490:2-318  Third party beneficiaries of warranties express or implied.  A seller's warranty whether express or implied extends to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by breach of the warranty.  A seller may not exclude or limit the operation of this section with respect to injury to the person of an individual to whom the warranty extends. [L 1965, c 208, §2-318; HRS §490:2-318; am L 1969, c 101, §1]

 

Case Notes

 

  Although plaintiff's pacemaker did not malfunction, it was in a defective and therefore unmerchantable condition sufficient to support action for breach of implied warranty of merchantability.  74 H. 1, 837 P.2d 1273.