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]

Source: Section 15.360 — General rule, https://www.­oregonlegislature.­gov/bills_laws/ors/ors015.­html.

Notes of Decisions

If law in this state governing contract claim is same as law in other state that has relevant connection to contract, this section does not apply and court looks to ORS 12.430 to determine on which state’s law claim is substantively based for purposes of statute of limitations. Portfolio Recovery Associates, LLC v. Sanders, 366 Or 355, 462 P3d 263 (2020)

Law Review Citations

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

Green check means up to date. Up to date

Current through early 2024

§ 15.360’s source at oregon​.gov