§490:2-318  Third party beneficiaries of
warranties express or implied.  A seller's warranty whether express or
implied extends to any person who may reasonably be expected to use, consume or
be affected by the goods and who is injured by breach of the warranty.  A
seller may not exclude or limit the operation of this section with respect to
injury to the person of an individual to whom the warranty extends. [L 1965, c
208, §2-318; HRS §490:2-318; am L 1969, c 101, §1]



 



Case Notes



 



  Although plaintiff's pacemaker did not malfunction, it was in
a defective and therefore unmerchantable condition sufficient to support action
for breach of implied warranty of merchantability.  74 H. 1, 837 P.2d 1273.