Choice of Law in Consumer Leases and Contracts
Statutes
"ORS Chapter 15 ""govern(s) 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."" Specifically, ORS 15.320 outweighs choice of law provisions and states that:
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:
(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 law to make the waiver.
(2) A contract for construction work to be performed primarily in Oregon.
(3) A contract of employment for services to be rendered primarily in Oregon by a resident of Oregon.
(4)(a) A consumer contract, if:
(A) The consumer is a resident of Oregon at the time of contracting; and
(B) The consumer’s assent to the contract is obtained in Oregon, or the consumer is induced to enter into the contract in substantial measure by an invitation or advertisement in Oregon.
(b) For the purposes of this subsection, a consumer contract is a contract for the supply of goods or services that are designed primarily for personal, familial or household use. "
Cases
Comments
Contributors
The statutory information was edited and reviewed with the support of MultiState