HRS §490:2-510

Who bears the risk if goods are lost or damaged

Read the official text at capitol.hawaii.gov ↗

This section explains who is responsible for the risk of loss when goods are lost or damaged. If the seller delivers goods that don't match the contract and the buyer can reject them, the seller keeps the risk until the problem is fixed or the buyer accepts. If the buyer rightfully cancels acceptance, the risk shifts back to the seller. If the buyer breaches before the risk passes, the buyer may bear the risk for a reasonable time.

buyers

The statute, as written — Effect of breach on risk of loss

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.

Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.