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 (Specific types of contracts governed by Oregon law), 15.360 (General rule) or 15.380 (Presumptive rules for specific types of contracts).

(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 lack of capacity in the manner provided by this subsection, the consequences of the party’s incapacity are governed by the law of the state in which the incapable party resides. [Formerly 81.112]

Source: Section 15.330 — Capacity to contract, https://www.­oregonlegislature.­gov/bills_laws/ors/ors015.­html.

Law Review Citations

44 WLR 205 (2007)

Green check means up to date. Up to date

Current through early 2024

§ 15.330’s source at oregon​.gov