Hawaii Revised Statutes, Chapter 483 — Uniform Joint Obligations Act

Division 2. Business — Title 26. Trade Regulation and Practice

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).

Division 2 Business

Title 26 Trade Regulation and Practice

Chapter 483 Uniform Joint Obligations Act

§483-1 Definitions; limitations of law

In this chapter, unless otherwise expressly stated:

"Obligation" does not include a liability in tort.

"Obligee" does not include a person having a right based on a tort.

"Obligor" does not include a person liable for a tort.

"Several obligors" means obligors severally bound for the same performance.

[L 1941, c 60, §1; RL 1945, §8741; RL 1955, §192-1; HRS §483-1; am L 2008, c 19, §48]

§483-2 Co-obligor not discharged when

A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors shall not discharge a co-obligor who was not a party to the proceeding wherein the judgment was rendered.

[L 1941, c 60, §2; RL 1945, §8742; RL 1955, §192-2; HRS §483-2]

§483-3 Crediting of payments made to obligee

The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or of joint and several obligors, in whole or in partial satisfaction of their obligations, shall be credited to the extent of the amount received on the obligations of all co-obligors to whom the obligor or obligors giving the consideration did not stand in the relation of a surety.

[L 1941, c 60, §3; RL 1945, §8743; RL 1955, §192-3; HRS §483-3]

§483-4 Effect of obligee's release to one or more

Subject to section 483-3, the obligee's release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge co-obligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves the obligee's rights; and in the absence of such a reservation of rights shall discharge co-obligors only to the extent provided in section 483-5.

[L 1941, c 60, §4; RL 1945, §8744; RL 1955, §192-4; HRS §483-4; gen ch 1985]

§483-5 Effect of knowledge of obligee in making release

If an obligee releasing or discharging an obligor without express reservation of rights against a co-obligor, then knows or has reason to know that the obligor released or discharged did not pay so much of the claim as the obligor was bound by the obligor's contract or relation with that co-obligor to pay, the obligee's claim against that co-obligor shall be satisfied to the amount which the obligee knew or had reason to know that the released or discharged obligor was bound to such co-obligor to pay.

If an obligee so releasing or discharging an obligor has not then such knowledge or reason to know, the obligee's claim against the co-obligor shall be satisfied to the extent of the lesser of two amounts, namely (1) the amount of the fractional share of the obligor released or discharged, or (2) the amount that such obligor was bound by the obligor's contract or relation with the co-obligor to pay.

[L 1941, c 60, §5; RL 1945, §8745; RL 1955, §192-5; HRS §483-5; gen ch 1985]

§483-6 Executor or administrator of joint obligor bound

On the death of a joint obligor in contract, the joint obligor's personal representative shall be bound as such jointly with the surviving obligor or obligors.

[L 1941, c 60, §6; RL 1945, §8746; RL 1955, §192-6; HRS §483-6; am L 1976, c 200, pt of §1; gen ch 1985]