Cho Mark Oriental Food v. K & K. Int'l

In Cho Mark Oriental Food v. K & K. Int'l., 73 Haw. 509, 836 P.2d 1057 (1992), the Hawai'i Supreme Court addressed the issue of an implied warranty of habitability in the context of a commercial lease. The court held that while Hawai'i was one of the first jurisdictions to extend the theory of implied warranty of habitability and fitness for intended use to residential leases . . . this court has never extended the theory to commercial leases. Few jurisdictions have done so. In the few cases that have extended such an implied warranty to a commercial lease, the subject lease has expressly provided that the lessor would furnish the disputed service. Id. at 514, n.1 836 P.2d at 1061, n.1.