Chapter 15 — Chapter 15
45 sections in this chapter.
ORS 15.010 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.020 [Amended by 1977 c.877 §2; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.030 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.040 [Amended by 1963 c.310 §1; 1967 c.297 §1; 1969 c.181 §1; 1971 c.192 §1; 1977 c.877 §3; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.050 [Repealed by 1969 c.181 §2]
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[Repealed or reserved.]
ORS 15.060 [Amended by 1955 c.165 §1; 1973 c.827 §5; 1977 c.877 §4; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.070 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.080 [Amended by 1961 c.344 §98; 1963 c.310 §2; 1967 c.581 §1; 1973 c.823 §87; 1975 c.604 §1; 1977 c.877 §5; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.085 [1963 c.445 §2; 1969 c.597 §257; 1971 c.779 §1; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.090 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.100 [Renumbered 18.135]
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[Repealed or reserved.]
ORS 15.110 [Amended by 1955 c.293 §1; 1973 c.827 §6; 1977 c.877 §6; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.120 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.130 [Amended by 1955 c.70 §1; 1965 c.329 §1; 1973 c.529 §1; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.140 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.150 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.160 [Amended by 1961 c.353 §1; 1977 c.877 §7; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.170 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.180 [Repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.190 [Amended by 1955 c.287 §15; subsection (5) of 1955 part derived from 1955 c.287 §§33, 34; 1959 c.440 §1; 1967 c.410 §1; 1969 c.389 §1; 1973 c.60 §1; 1977 c.877 §8; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.200 [Amended by 1955 c.287 §16; subsection (3) of 1955 part derived from 1955 c.287 §§33, 34; 1959 c.440 §2; 1961 c.146 §1; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.210 [1975 c.623 §7; repealed by 1979 c.284 §199]
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[Repealed or reserved.]
ORS 15.220 [1975 c.623 §8; repealed by 1979 c.284 §199]
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CHOICE OF LAW FOR CONTRACTS (Generally)
ORS 15.300 Definitions for ORS 15.300 to 15.380. For the purposes of ORS 15.300 to 15.380
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(1) “Law” means any rule of general legal applicability adopted by a state, whether that rule is domestic or foreign and whether derived from international law, a constitution, statute, other publicly adopted measure or published judicial precedent. Except for references to the l…
ORS 15.305 Applicability. ORS 15.300 to 15.380 govern the choice of law applicable to any contract, or part of a contract, when a choice between the laws of different states is at issue. ORS 15.300 to 15.380 do not apply if another Oregon statute expressly designates the law applicable to the contract or part of a contract. ORS 15.320 does not apply to any contract in which one of the parties is a financial institution, as defined by 15 U.S.C. 6827, as in effect on January 1, 2002. [Formerly 81.102]
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(Contracts Governed by Oregon Law)
ORS 15.320 Specific types of contracts governed by Oregon law. Notwithstanding any other provision of ORS 15.300 to 15.380, but subject to the limitations on applicability imposed by ORS 15.305, the law of Oregon applies to the following contracts
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(1) A contract for services to be rendered in Oregon, or for goods to be delivered in Oregon, if Oregon or any of its agencies or subdivisions is a party to the contract. The application of Oregon’s law pursuant to this subsection may be waived by a person authorized by Oregon’s …
ORS 15.325 Validity of form. A contract is valid as to form if the contract meets the requirements prescribed either by the law chosen by the parties under ORS 15.350 and 15.355, the law applicable under ORS 15.320, 15.360 or 15.380, or the law of the state from which any party or the party’s agent has assented to the contract unless that state has no other connection to the parties or the transaction. [Formerly 81.110]
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[Repealed or reserved.]
ORS 15.330 Capacity to contract. (1) A party has the capacity to enter into a contract if the party has that capacity under the law of the state in which the party resides or the law applicable to this issue under ORS 15.320, 15.360 or 15.380
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(2) A party that lacks capacity to enter into a contract under the law of the state in which the party resides may assert that incapacity against a party that knew or should have known of the incapacity at the time the parties entered into the contract. If a party establishes lac…
ORS 15.335 Consent. (1) A party has consented to a contract if the law applicable under ORS 15.320, 15.360 or 15.380 so provides
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(2) In a consumer contract or employment contract, the consumer or employee whose assent to a contract was obtained in the state of the party’s residence, or whose conduct leading to the contract was primarily confined to that state, may invoke the law of that state to establish …
ORS 15.350 Choice of law made by parties. (1) Except as specifically provided by ORS 15.320, 15.325, 15.330, 15.335 or 15.355, the contractual rights and duties of the parties are governed by the law or laws that the parties have chosen. The choice of law may extend to the entire contract or to part of a contract
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(2) The choice of law must be express or clearly demonstrated from the terms of the contract. In a standard-form contract drafted primarily by only one of the parties, any choice of law must be express and conspicuous. (3) The choice of law may be made or modified after the parti…
ORS 15.355 Limitations on choice of law by parties. (1) The law chosen by the parties pursuant to ORS 15.350 does not apply to the extent that its application would
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(a) Require a party to perform an act prohibited by the law of the state where the act is to be performed under the contract; (b) Prohibit a party from performing an act required by the law of the state where it is to be performed under the contract; or (c) Contravene an establis…
ORS 15.360 General rule. To the extent that an effective choice of law has not been made by the parties pursuant to ORS 15.350 or 15.355, or is not prescribed by ORS 15.320, 15.325, 15.330, 15.335 or 15.380, the rights and duties of the parties with regard to an issue in a contract are governed by the law, in light of the multistate elements of the contract, that is the most appropriate for a resolution of that issue. The most appropriate law is determined by
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(1) Identifying the states that have a relevant connection with the transaction or the parties, such as the place of negotiation, making, performance or subject matter of the contract, or the domicile, habitual residence or pertinent place of business of a party; (2) Identifying …
ORS 15.380 Presumptive rules for specific types of contracts. (1) To the extent that an effective choice of law has not been made by the parties pursuant to ORS 15.350 or 15.355, or is not prescribed by ORS 15.320, 15.325, 15.330 or 15.335, contracts described in subsection (2) of this section are governed by the law of the state specified in subsection (2) of this section unless a party demonstrates that the application of that law would be clearly inappropriate under the principles of ORS 15.360
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(2)(a) Contracts involving the occupancy of real property, the land use of property or the recording of interests in real property are governed by the law of the state where the property is situated. (b) Contracts for personal services are governed by the law of the state where t…
ORS 15.400 Definitions for ORS 15.400 to 15.460. For the purposes of ORS 15.400 to 15.460
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(1) “Conduct” means an act or omission that has occurred or that may occur in the future. (2) “Domicile” means the place identified under ORS 15.420. (3) “Injury” means physical or nonphysical harm to a person or property caused by the conduct of another person. (4) “Law,” when u…
ORS 15.405 Applicability. ORS 15.400 to 15.460 govern the choice of law applicable to noncontractual claims when a choice between or among the laws of more than one state is at issue. ORS 15.400 to 15.460 do not supersede the provisions of other Oregon statutes that expressly designate the law governing a particular noncontractual claim. [Formerly 31.855]
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(Preliminary Issues)
ORS 15.410 Characterization. (1) Oregon law determines the scope and meaning of terms used in ORS 15.400 to 15.460, including whether a claim is a noncontractual claim
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(2) The law of the state determined to be applicable under ORS 15.400 to 15.460 determines the scope and meaning of terms used in that law. [Formerly 31.860]
ORS 15.415 Localization and other factual determinations. For the purposes of ORS 15.400 to 15.460, the following issues are determined under Oregon law
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(1) What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state where the conduct occurred that is primarily responsible for the injury is the state where the injurious conduct occurred. (2) Who caused the injury. …
ORS 15.420 Determining domicile. For the purposes of ORS 15.400 to 15.460
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(1)(a) The domicile of a natural person is in the state in which the person resides with the intent to make it the person’s home for an indefinite period of time. (b) A domicile once established continues until it is superseded by the acquisition of a new domicile. If a person’s …
ORS 15.430 Claims governed by Oregon law. Notwithstanding ORS 15.440, 15.445 and 15.455, Oregon law governs noncontractual claims in the following actions
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(1) Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law. (2) Actions in which none of the parties raises the issue of applicability of foreign law. (3) Actions in which the party or parties who rely on foreign law fail…
ORS 15.435 Product liability civil actions. (1) Notwithstanding ORS 15.440 and 15.445, Oregon law applies to product liability civil actions, as defined in ORS 30.900, if
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(a) The injured person was domiciled in Oregon and the injury occurred in Oregon; or (b) The injured person was domiciled in Oregon or the injury occurred in Oregon, and the product: (A) Was manufactured or produced in Oregon; or (B) Was delivered when new for use or consumption …
ORS 15.440 General rules. (1) Noncontractual claims between an injured person and the person whose conduct caused the injury are governed by the law of the state designated in this section
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(2)(a) If the injured person and the person whose conduct caused the injury were domiciled in the same state, the law of that state governs. However, the law of the state in which the injurious conduct occurred determines the standard of care by which the conduct is judged. If th…
ORS 15.445 General and residual approach. Except as provided in ORS 15.430, 15.435, 15.440 and 15.455, the rights and liabilities of the parties with regard to disputed issues in a noncontractual claim are governed by the law of the state whose contacts with the parties and the dispute and whose policies on the disputed issues make application of the state’s law the most appropriate for those issues. The most appropriate law is determined by
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(1) Identifying the states that have a relevant contact with the dispute, such as the place of the injurious conduct, the place of the resulting injury, the domicile, habitual residence or pertinent place of business of each person, or the place in which the relationship between …
ORS 15.450 Joint tortfeasors and third parties. Notwithstanding ORS 15.430, 15.435 and 15.440, if two or more persons are liable for the same claim, the rights and liabilities between those persons are governed by the law determined for the particular issue under ORS 15.445. If a third party pays compensation to a person injured by the conduct of another person, the right of the third party to recoup the amount paid is governed by the law determined for the particular issue under ORS 15.445. [Formerly 31.880]
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[Repealed or reserved.]
ORS 15.455 Agreements on applicable foreign law. Notwithstanding ORS 15.440, 15.445 and 15.450, but subject to ORS 15.300 to 15.380, an agreement providing that an issue or issues falling within the scope of ORS 15.400 to 15.460 will be governed by the law of a state other than Oregon is enforceable in Oregon if the agreement was entered into after the parties had knowledge of the events giving rise to the dispute. [Formerly 31.885]
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[Repealed or reserved.]
ORS 15.460 Commentary. The Oregon Law Commission shall make available on the website maintained by the commission a copy of the commentary approved by the commission for the provisions of ORS 15.400 to 15.460. [Formerly 31.890]
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