[ 428-102]  Knowledge and notice.  (a)  A person knows a fact if the person has actual knowledge of it.

Terms Used In Hawaii Revised Statutes 428-102

  • Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See Hawaii Revised Statutes 428-101
  • Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 428-101
  • Individual: means a natural person. See Hawaii Revised Statutes 428-101
  • Person: includes any individual or entity. See Hawaii Revised Statutes 428-101

     (b)  A person has notice of a fact if the person:

     (1)  Knows the fact;

     (2)  Has received a notification of the fact; or

     (3)  Has reason to know the fact exists from all of the facts known to the person at the time in question.

     (c)  A person notifies or gives a notification of a fact to another by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person knows the fact.

     (d)  A person receives a notification when the notification:

     (1)  Comes to the person’s attention; or

     (2)  Is duly delivered at the person’s place of business or at any other place held out by the person as a place for receiving communications.

     (e)  An entity knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction for the entity knows, has notice, or receives a notification of the fact, or in any event when the fact would have been brought to the individual’s attention had the entity exercised reasonable diligence.  An entity exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the individual conducting the transaction for the entity and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the entity to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.