2017 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
481. Fair Trade Regulations
481-5 Proof of intent; cost surveys.
§481-5 Proof of intent; cost surveys. In any injunction proceeding against any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which the person acts. Where an injunction is sought for a violation of section 481-3 the proof of the unlawful act or acts and of the injurious effects thereof shall be prima facie evidence of the intent to destroy competition; provided that such a rule of evidence applies only to injunction proceedings brought under section 481-3. Where a particular trade or industry, of which the person, firm, or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within this part. [L 1937, c 223, §5; RL 1945, §9325; am L 1955, c 241, §1(b); RL 1955, §205-6; HRS §481-5; gen ch 1985]
