ยง481-5 - Proof of intent; cost surveys.
ยง481-5ย Proof of intent; cost surveys.ย
In any injunction proceeding against any person as officer, director, or agent,
it shall be sufficient to allege and prove the unlawful intent of the person,
firm, or corporation for whom or which the person acts.ย Where an injunction is
sought for a violation of section 481-3 the proof of the unlawful act or acts
and of the injurious effects thereof shall be prima facie evidence of the
intent to destroy competition; provided that such a rule of evidence applies only
to injunction proceedings brought under section 481-3.ย Where a particular
trade or industry, of which the person, firm, or corporation complained against
is a member, has an established cost survey for the locality and vicinity in
which the offense is committed, the cost survey shall be deemed competent
evidence to be used in proving the costs of the person, firm, or corporation
complained against within this part. [L 1937, c 223, ยง5; RL 1945, ยง9325; am L
1955, c 241, ยง1(b); RL 1955, ยง205-6; HRS ยง481-5; gen ch 1985]