HRS §490:2A-215
How to handle conflicting warranties in a lease
This section explains how to handle warranties in a lease when they conflict. It says warranties are meant to work together, but if they can't, the parties' intent decides which one wins. It gives rules for choosing the most specific warranty over general ones.
landlordstenants
The statute, as written — Cumulation and conflict of warranties express or implied
Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (1) Exact or technical specifications displace an inconsistent sample or model or general language of description. (2) A sample from an existing bulk displaces inconsistent general language of description. (3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.