Quimbee logo
DMCA.com Protection Status

Jaz, Inc. v. Foley

85 P.3d 1099 (2004)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Jaz, Inc. v. Foley

Hawaii Intermediate Court of Appeals

85 P.3d 1099 (2004)

Facts

Jaz, Inc.; JOZAC, Inc.; and the president and vice presidents of each company (Jaz) (plaintiffs) purchased a Noritsu photo-processing machine for $50,000 from Richard Foley (defendant), who was doing business as Environmental First. The purchase was financed through an equipment finance-lease agreement with First Hawaiian Leasing, Inc. (First HI) (defendant). The terms of the agreement were contained in a Master Lease and various addendums executed by First HI and Jaz. The Master Lease provided that the lessee would bear the risk of loss or damage beginning on the date that the risk of loss passed from the vendor. Jaz signed an undated Acceptance Certificate, but Foley never delivered the Noritsu machine. After completing monthly payments totaling nearly $14,000 to First HI, Jaz filed suit against Foley and First HI. First HI counterclaimed against Jaz and cross-claimed against Foley. The trial court entered default judgments against Foley. Thereafter, the trial court found in favor of First HI on Jaz’s complaint and First HI’s counterclaim. Jaz appealed, contending that Jaz should not be held liable for any losses or payments under the terms of the Master Lease.

Rule of Law

Issue

Holding and Reasoning (Foley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership