Choice of Laws

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 (Choice of law made by parties) or 15.355 (Limitations on choice of law by parties), or is not prescribed by ORS 15.320 (Specific types of contracts governed by Oregon law), 15.325 (Validity of form), 15.330 (Capacity to contract), 15.335 (Consent) or 15.380 (Presumptive rules for specific types of contracts), 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:

(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 the policies underlying any apparently conflicting laws of these states that are relevant to the issue; and

(3)

Evaluating the relative strength and pertinence of these policies in:

(a)

Meeting the needs and giving effect to the policies of the interstate and international systems; and

(b)

Facilitating the planning of transactions, protecting a party from undue imposition by another party, giving effect to justified expectations of the parties concerning which state’s law applies to the issue and minimizing adverse effects on strong legal policies of other states. [Formerly 81.130]

(formerly 81.130)

Law Review Citations

38 WLR 397 (2002); 44 WLR 205 (2007)

§§ 15.300 to 15.380

(formerly 81.100 to 81.135)

Law Review Citations

38 WLR 397 (2002); 44 WLR 205 (2007); 88 OLR 963 (2009)


Source

Last accessed
Jun. 26, 2021