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The UCC considers actual performance of a contract as the most relevant evidence of how the parties interpreted the terms of that contract. An underlying purpose of the U.C.C. as enacted in Hawaii is to allow for liberal interpretation of commercial usages. The Code provides, 'This chapter shall be liberally construed and applied to promote its underlying purposes and policies.' Haw.Rev.Stat. § 490:1-102(1). Only three purposes are listed, one of which is '(t)o permit the continued expansion of commercial practices through custom, usage and agreement of the parties; ....' Id. § 490:1-102(2)(b).

The drafters of the Code explain: This Act is drawn to ...