Davis V. Wholesale Motors Inc‪.‬

We hold that in an action by a consumer alleging unfair or deceptive acts or practices in the conduct of any trade or commerce, in violation of Hawai'i Revised Statutes (HRS) § 480-2 (1993), the "unclean hands" of the consumer is not a defense to a claim for damages under HRS § 480-13(b)(1) (1993). The first circuit court (the court) ruled to the contrary, and awarded Plaintiff-Appellant/Cross-Appellee Thomas J. Davis (Plaintiff) damages against Defendant-Appellee/Cross-Appellant Wholesale Motors (Wholesale Motors) on the theory of an implied "contract in law" in this putative automobile sale case. Therefore, in this appeal by Plaintiff from the December 8, 1994 amended judgment, the original judgment, and various orders entered by the court and in the cross-appeal by Wholesale Motors, we vacate that part of the December 8, 1994 amended judgment awarding Plaintiff damages against Wholesale Motors and remand for the court to determine if Plaintiff proved the elements necessary to recover under HRS § 480-13 (b) (1) as set forth Ai v. Frank Huff Agency, herein. In this regard, on remand we instruct the court to permit Plaintiff to conform his complaint to the evidence produced at trial concerning Wholesale Motors' alleged misrepresentations.