question whether a valid waiver (Hawaii) · Go Syfert
← Hawaii issues

question whether a valid waiver in Hawaii

5 Hawaii opinions name it 2 courts 2002–2023 2 in the last five years

The cases below were cited by Hawaii courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Hawaiian Homes Commission v. Bushgreen
haw · 1959 · cited in 4 Hawaii opinions naming this issue, 2002–2022
2 sentences

2022Jur. 2d Estoppel and Waiver § 160 at 845 (1966))); Coon v. City & Cnty. of Honolulu, 98 Hawai#i 233, 261-62, 47 P.3d 348, 376-77 (2002) ("While the question whether a valid waiver exists is generally a question of fact, 'when the facts are undisputed it may become a question of law.'" (quoting Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959))).

2008While the question whether a valid waiver exists is generally a question of fact, “when the facts are undisputed it may become a question of law.” Hawaiian Homes Comm’n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) (“The question of waiver is usually a mixed one of law and fact but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court.” (Citations omitted.)).

44
Coon v. City and County of Honolulugreen
haw · 2002 · cited in 3 Hawaii opinions naming this issue, 2003–2022
2 sentences

2022Jur. 2d Estoppel and Waiver § 160 at 845 (1966))); Coon v. City & Cnty. of Honolulu, 98 Hawai#i 233, 261-62, 47 P.3d 348, 376-77 (2002) ("While the question whether a valid waiver exists is generally a question of fact, 'when the facts are undisputed it may become a question of law.'" (quoting Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959))).

2008Id. at 261-62, 47 P.3d at 376-77 (some citations and original ellipsis omitted) (emphasis added).

33
Stewart v. Spaldinggreen
haw · 1916 · cited in 3 Hawaii opinions naming this issue, 2002–2008
2 sentences

2008While the question whether a valid waiver exists is generally a question of fact, “when the facts are undisputed it may become a question of law.” Hawaiian Homes Comm’n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) (“The question of waiver is usually a mixed one of law and fact but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court.” (Citations omitted.)).

2003While the question whether a valid waiver exists is generally a question of fact, "when the facts are undisputed it may become a question of law." Hawaiian Homes Comm'n v. Bush, 43 Haw. 281, 286 (1959) (citations omitted); see also Stewart v. Spalding, 23 Haw. 502, 517 (1916) ("The question of waiver is usually a mixed one of law and fact ..., but where the facts are undisputed and are susceptible of but one reasonable inference it becomes one of law for the court." (Citations omitted.)).

33

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Hawaii. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Office of Hawaiian Affairs v. Housing & Community Development Corporation of Hawai'i green
haw · 2008
1 sentence

2023OHA, 117 Hawai #i at 201, 177 P.3d at 911 . 21 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Alpha has not shown that the Hearings Officer's mixed conclusion of fact and law rejecting Alpha's estoppel argument, i.e., Decision FOF/COL 22, was clearly erroneous.

12023–2023

← Caselaw search · G Cite Topics · Brief Check