Limitations of Actions and Suits

ORS 12.100
Action on official act or penalty


(1)

An action against a sheriff or constable upon a liability incurred by the doing of an act in an official capacity and in virtue of the office of the sheriff or constable; or by the omission of an official duty, including the nonpayment of money collected upon an execution, but not including an action for an escape, shall be commenced within three years.

(2)

An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state, excepting those actions mentioned in ORS 12.110 (Actions for certain injuries to person not arising on contract), shall be commenced within three years. [Amended by 1957 c.374 §4; 1965 c.221 §10]

Notes of Decisions

Double damages provision is not penalty or forfeiture if designed to ensure adequate compensation in cases where damages are difficult to ascertain or insufficient to offset inconvenience of seeking recovery. Diaz v. Coyle, 152 Or App 250, 953 P2d 773 (1998)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021