1-5 Contracts in contravention of law. Private agreements shall have no effect to contravene any law which concerns public order or good morals. But individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in their favor, when such renunciation does not affect the rights of others, and is not contrary to the public good. [CC 1859, 7; RL 1925, 7; RL 1935, 7; RL 1945, 6; RL 1955, 1-8; HRS 1-5]

 

Cross References

 

Parental preferences in government contracts and services, see 577-7.5.

 

Case Notes

 

Contracts.

No recovery of medical fees when plaintiff not approved by board of health. 4 H. 9.

Condition in restraint of marriage, void. 6 H. 72 (single justice).

No recovery on note given for liquor sold without license. 24 H. 263.

Illegal transaction, action for money had and received, whether parties in pari delicto. 21 H. 513; 22 H. 759.

Illegal consideration for indivisible note voids note. 24 H. 263. Accord: 24 H. 540.

Contract for services by a public official within the scope of official duties, void. 24 H. 540. Ultra vires agreement by public officer to be distinguished from one contrary to public policy, former being enforceable against one who has received benefits. 19 H. 41.

Buyer under conditional sales contract cannot show seller's waiver of terms of contract as part of an illegal raffle. 26 H. 407.

Insurable interest, whether sufficient for group life insurance or whether a wager involved. 50 H. 177, 434 P.2d 750.

 

Renunciation of rights.

Provision as to waiver applied. 5 H. 300, 304; 11 H. 428, 429; 12 H. 262, 264. But see as to appeals, jurisdictional requisites, note appended to chapter 641.

Validity of provision in articles limiting statutory power to make bylaws. 15 H. 333, 343, 346.

Jurisdiction cannot be stipulated. 46 H. 197, 208, 377 P.2d 609.

Waiver of defense of res judicata. 50 H. 22, 428 P.2d 411.

 

 

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