From our private database of 37,200+ case briefs...
Jaz, Inc. v. Foley
Hawaii Intermediate Court of Appeals
85 P.3d 1099 (2004)
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
Holding and Reasoning (Foley, J.)
What to do next…
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 630,000 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
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 630,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,200 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.