Title 15 — Title 15 — Contracts

For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied. R.L.1910, § 947.

The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity. R.L.1910, § 948.

When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible, subject, however, to the other provisions of this article. R.L.1910, § 949.

When through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded. R.L.1910, § 950.

The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the others. R.L.1910, § 951.

Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. R.L.1910, § 952.

A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable and capable of being carried into effect, if it can be done without violating the intention of the parties. R.L.1910, § 953.

Persons of unsound mind within the meaning of this chapter are incapacitated persons or partially incapacitated persons, as such terms are defined by Section 1-111 of Title 30 of the Oklahoma Statutes. R.L. 1910, § 882. Amended by Laws 1998, c. 246, § 4, eff. Nov. 1, 1998.

The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning, unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed…

Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. R.L.1910, § 955.

A contract is to be interpreted according to the law and usage of the place where it is to be performed, or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. R.L.1910, § 956. d

A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates. R.L.1910, § 957.

However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract. R.L.1910, § 958.

in case of ambiguity. If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it. R.L.1910, § 959.

Particular clauses of a contract are subordinate to its general intent. R.L.1910, § 960.

Where a contract is partly written and partly printed, or where part of it is written or printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the p…

Repugnancy in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clause, subordinate to the general intent and purposes of the whole contract. R.L.1910, § 962.

Words in a contract which are wholly inconsistent with its nature, or with the main intention of the parties, are to be rejected. R.L.1910, § 963.

A minor cannot give a delegation of power, nor make a contract relating to real property, or any interest therein, or relating to any personal property not in his immediate possession or control, except as otherwise specially provided. R.L.1910, § 883; Laws 1972, c. 221, § 2, eff…

Stipulations which are necessary to make a contract reasonable or conformable to usage, are implied in respect to matters concerning which the contract manifests no contrary intention. R.L.1910, § 965.

All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded. R.L. 1910, § 966.

performance. If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly, as for example, if it consists in the payment of money only, it must be performed immediately up…

Time is never considered as of the essence of a contract, unless by its terms expressly so provided. R.L.1910, § 968.

Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. R.L.1910, § 969.

A promise made in the singular number, but executed by several persons, is presumed to be joint and several. R.L.1910, § 970.

An executed contract is one, the object of which is fully performed. All others are executory. R.L.1910, § 971.

providing death benefits - Effect of divorce or annulment. A. If, after entering into a written contract in which a beneficiary is designated or provision is made for the payment of any death benefit (including life insurance contracts, annuities, retirement arrangements, compens…

A minor may make any other contract than as above specified in the same manner as an adult, subject only to his power of disaffirmance under the provisions of this chapter. R.L.1910, § 884.

In all cases other than those specified herein, the contract of a minor may be disaffirmed by the minor himself, either before his majority or within one (1) year's time afterwards; or, in case of his death within that period, by his heirs or personal representatives. Provided, t…

It is essential to the existence of a contract that there should be: 1. Parties capable of contracting. 2. Their consent. 3. A lawful object; and, 4. Sufficient cause or consideration. R.L.1910, § 876.

A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them. R.L.1910, § 886.

A minor cannot disaffirm an obligation, otherwise valid, entered into by him under the express authority or direction of a statute. R.L.1910, § 887.

Those contracts are unlawful which are: 1. Contrary to an express provision of law. 2. Contrary to the policy of express law, though not expressly prohibited; or, 3. Otherwise contrary to good morals. R.L.1910, § 972.

All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another or violation of law, whether willful or negligent, are against the policy of the law. R.L.1910, § 973…

personal injury void. Any notice given by a business entity which provides services or facilities for profit to the general public and which seeks to exempt the business entity from liability for personal injury caused by or resulting from any acts of negligence on its part or on…

Except as expressly provided in Section 215 of this title, penalties imposed by contract for any non-performance thereof, are void. But this section does not render void such bonds or obligations, penal in form, as have heretofore been commonly used; it merely rejects and avoids …

Every contract, by which the amount of damages to be paid, or other compensation to be made, for a breach of an obligation, is determined in anticipation thereof, is to that extent void, except as expressly provided by Section 215 of this title. Amended by Laws 1985, c. 107, § 2,…

A. A stipulation or condition in a contract except a contract to purchase and sell real property, providing for the payment of an amount which shall be presumed to be the amount of damage sustained by a breach of such contract, shall be held valid, when, from the nature of the ca…

therefor. Every stipulation or condition in a contract, by which any party thereto is restricted from enforcing his rights under the contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void. R…

Every contract by which any one is restrained from exercising a lawful profession, trade or business of any kind, otherwise than as provided by Sections 218 and 219 of this title, or otherwise than as provided by Section 2 of this act, is to that extent void. R.L.1910, § 978. Ame…

One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified county and any county or counties contiguous thereto, or a specified city or town or any part thereof, so long as the buyer, or any person deriving …

Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within a specified county and any county or counties contiguous thereto, or a specified city or town or any part thereof. Provided, that any such ag…

A. A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar …

A contract or contractual provision which prohibits an employee or independent contractor of a person or business from soliciting, directly or indirectly, actively or inactively, the employees or independent contractors of that person or business to become employees or independen…

A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary to his support or the support of his family. R.L.1910, § 888.

Every contract in restraint of the marriage of any person, other than a minor, is void. R.L.1910, § 981.

liability arising out of death or bodily injury void - Exceptions. A. For purposes of this section, “construction agreement” means a contract, subcontract, or agreement for construction, alteration, renovation, repair, or maintenance of any building, building site, structure, hig…

Limitations on liability arising out of death or bodily injury void - Exceptions. A. For purposes of this section, "design professional services agreement" means a contract, subcontract or agreement by any person or legal entity with an individual or legal entity possessing the q…

renewal provisions. No contract for the rental of goods or rental-related services where all or substantially all of the contract terms are drafted by the provider of such goods or services shall contain any automatic renewal provision that extends the initial term of the contrac…

A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission without prejudice to the rights of third persons, as provided in the article on extinction of co…