HRS §490:2-303
Allocation or division of risks
This section says that when the law assigns a risk or burden to one side, the parties can change that by agreement. They can move the risk to the other side or split it between them. It only applies if the law says "unless otherwise agreed."
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The statute, as written — Allocation or division of risks
Where this article allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation but may also divide the risk or burden.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.