Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all. ~ Aristotle Laws are sand, customs are rock. Laws can be evaded and punishment escaped, but an openly transgressed custom brings sure punishment. ~ Mark Twain

1. HONOLULU AUTHORITY FOR RAPID TRANSPORTATION (HART)
MAYOR KIRK CALDWELL & HONOLULU CITY COUNCIL
ANDREW ROBBINS, HART EXECUTIVE DIRECTOR & CEO
BUNGEE JUMPING WITHOUT A BUNGEE CORD
HANG GLIDING WITHOUT A GLIDER
SKYDIVING WITHOUT A PARACHUTE
ANSALDO JV
CORE SYSTEMS CONTRACTOR
ANTICIPATORY BREACH
_____________________
CHOON JAMES, Administrator, COUNTRY TALK STORY. September 17, 2018
A "WORTHWHILE GAMBLE"? You can't make this up!
https://www.facebook.com/groups/692302214171256/permalink/1976539355747529/?
comment_id=1977491838985614&notif_id=1537199986927856&notif_t=group_comment_reply
RAIL BOARD REACHES CRITICAL POINT FOR PUBLIC-PRIVATE PARTNERSHIP PLAN
By Kevin Dayton. Honolulu Advertiser
September 16, 2018
http://www.staradvertiser.com/2018/09/16/hawaii-news/rail-board-reaches-critical-point-for-public-private-partnership-plan/
The board of the Honolulu Authority for Rapid Transportation is nearing a
pivotal decision on whether to solicit new partners in the development,
OPERATION AND MAINTENANCE of the city’s 20-mile rail line, a proposal
that could eventually involve billions of taxpayer dollars.
The idea — described by one board member as a worthwhile “gamble” — is
being advanced by HART Executive Director Andrew Robbins, who contends
the “public-private partnership” initiative could be key to fnishing the rail line
within the current budget and without further delays.
Honolulu Mayor Kirk Caldwell told the HART board he supports the plan
to hire a developer to construct the last fve miles of the rail line and ALSO
OPERATE AND MAINTAIN THE RAIL SYSTEM FOR DECADES INTO THE
FUTURe so long as it won’t cause the city to absorb any more cost
overruns.

2. HART SIGNS CORE SYSTEMS CONTRACT WITH ANSALDO
After months of additional review of the contractor's fnancial capacity, the
Honolulu Authority for Rapid Transportation (HART) signed a contract
today with Ansaldo Honolulu JV for the Honolulu rail project's core
systems.
The core systems contract with Ansaldo Honolulu JV includes the design,
construction and delivery of the train vehicles, the train control systems
and THE OPERATION AND MAINTENANCE OF THE RAIL SYSTEM AFTER
INSTALLATION.
Source: HART NEWS RELEASE. November 28, 2011, accessed September 17,
2018 http://hartdocs.honolulu.gov/docushare/dsweb/Get/Document-17142/20111128-
news-release-hart-signs-core-systems-contract-with-ansaldo.pdf
_____________________
HAWAII UNIFORM COMMERCIAL CODE
https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0490/HRS_0490-.htm
TITLE 490 HAWAII REVISED STATUTES
Article 2 – Sales
Part 6. Breach, Repudiation and Excuse
§ 490 : 2-610. Anticipatory Repudiation
When either party repudiates the contract with respect to a performance not
yet due the loss of which will substantially impair the value of the contract to
the other, the aggrieved party may
(a) for a commercially reasonable time await performance by the
repudiating party; or
(b) resort to any remedy for breach (Section 2-703 [Seller's Remedies] or
Section 2-711 [Buyer's Remedies]), even though he has notifed the
repudiating party that he would await the latter's performance and has
urged retraction; and

3. (c) in either case suspend his own performance or proceed in
accordance with the provisions of this Article on the seller's right to
identify goods to the contract notwithstanding breach or to salvage
unfnished goods (Section 2-704 [Seller's Right to Identify Goods to the
Contract Notwithstanding Breach or to Salvage Unfnished Goods]).
Source: Legal Information Institute (LII) Cornell Law School [Clarifcation Supplied]
https://www.law.cornell.edu/ucc/2/2-610
_____________________
DAMAGES FOR BREACH OF CONTRACT
CHUNG V. KAONOHI CENTER CO.
SUPREME COURT OF HAWAII 618 P.2d 283 (1980)
JUSTIA US LAW
https://law.justia.com/cases/hawaii/supreme-court/1980/6190-2.html
Damages for Loss of Anticipated Profts
Where the breach of contract consists of repudiating the contract or preventing
its performance, the non-defaulting party may recover profts, presumed to
have been contemplated by him, reduced to present day value, [that] he would
have realized had the contract been fully performed, as is proved by the
preponderance of the evidence. The profts which would have been realized
had the contract been performed and which have been prevented by its breach
are included in the damages recovered where from the express or implied
terms of the contract or from the special circumstances under which it was
made, it may be readily presumed that they were within the intent and mutual
understanding of both parties at the time it was entered into.
The general rule with regard to damages in a breach of contract action is that
"when one sustains loss by breach of a contract, he is entitled to have just
compensation commensurate with his loss." Ferreira v. Honolulu Star-Bulletin,
44 Haw. 567, 573-74, 356 P.2d 651, 655 (1960).

4. In Ferreira, plaintif sought damages for loss of profts which would have been
realized had defendant, Honolulu Star-Bulletin, fulflled its contract to print an
advertisement for an upcoming attraction at plaintif's theater. We recognized
that future profts may be an appropriate element of contract damages, but
found the proof ofered in the case insufcient to establish profts with
reasonable certainty. We stated:
[A] distinction is made in the law between the amount of proof required to
establish the fact that the injured party has sustained some damage and the
measure of proof necessary to enable the jury to determine the amount of
damage. It is now generally held that the uncertainty which prevents a
recovery is uncertainty as to the fact of damage and not as to its amount.
However, the rule that uncertainty as to the amount does not necessarily
prevent recovery is not to be interpreted as requiring no proof of the amount of
damage. The extent of plaintif's loss must be shown with reasonable certainty
and that excludes any showing or conclusion founded upon mere speculation
or guess. (Citations omitted).
Damages for Emotional Distress and Disappointment
Where a contract is breached in a wanton or reckless manner as to result in a
tortious injury, the aggrieved person is entitled to recover in tort.
IGNORANCE OF THE LAW,
WHICH EVERYBODY IS SUPPOSED TO KNOW,
DOES NOT CONSTITUTE AN EXCUSE.
Legal Maxim from the Latin
'Ignorantia juris quod quisque scire tenetur non excusat'