§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.
Notes of Decisions
Cited in
10
cases (
3 in the last 5 years), 1982–2025 · leading case:
State v. Haugen, 85 P.3d 178 (Haw. 2004).
State v. Haugen, 85 P.3d 178 (Haw. 2004).
· cites it 2× “In the present matter, HRS § 706-622.5 describes its scope in “plain, obvious, and unambiguous” terms: “[A] person convicted for the first time for any offense under part IV of [HRS] chapter 712 .”
Hiraga v. Baldonado, 31 P.3d 222 (Haw. App. 2001).
· cites it 2× “See HRS § 1-5: “[Individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in then- favor, when such renunciation does not affect the rights of others, and is not contrary to the public good.” Two questions are…”
Cieri v. Leticia Query Reality, Inc., 905 P.2d 29 (Haw. 1995).
“, Act 274, §§ 1-5 at 834—40 (Act 274), in part to ease the burden on the state attorney general’s limited resources.”
Marshall v. Univ. of Hawai'i, 821 P.2d 937 (Haw. App. 1991).
“All members of the University Community — students, staff, and faculty — are covered.”
Clarabal v. Dep't of Educ. of State, 446 P.3d 986 (Haw. 2019).
“Laws Act 133, §§ 1-5 at 577-78. Among other things, the law authorized the superintendent of education to provide either facilities for Hawaiian immersion education or transportation to the nearest schooling site at which Hawaiian immersion education is provided when fifteen or…”
Cowan v. Exclusive Resorts PBL1, LLC. ICA Order Approving the January 19, 2023 Stipulation to Dismiss With Prejudice Plaintiffs-Appellants/Cross-Appellees Umang P. Gupta & Ruth M. Gupta, as Trs. of the Umang & Ruth Gupta Trust Under Trust Agreement Dated January 18, 2000, filed 01/24/2023 [ada]. ICA mem. op., filed 01/27/2023 [ada], 152 Haw. 162. Application for Writ of Certiorari, filed 05/20/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 07/16/2024 [ada]. (Haw. 2025).
· cites it 2× “See HRS § 1-5 (2009) (“[I]ndividuals 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.”
Remigio v. Ortiz, 211 P.3d 90 (Haw. App. 2009).
· cites it 3× “[3] HRS § 1-5 (1993), entitled "Contracts in contravention of law[,]" states: Private agreements shall have no effect to contravene any law which concerns public order or good morals.”
— Haw. Rev. Stat. § 1-5(3) — 1 case
State v. Haugen, 85 P.3d 178 (Haw. 2004).
“In the present matter, HRS § 706-622.5 describes its scope in “plain, obvious, and unambiguous” terms: “[A] person convicted for the first time for any offense under part IV of [HRS] chapter 712 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.