ORS 15.380
Presumptive rules for specific types of contracts
(1)
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) or 15.335 (Consent), contracts described in subsection (2) of this section are governed by the law of the state specified in subsection (2) of this section unless a party demonstrates that the application of that law would be clearly inappropriate under the principles of ORS 15.360 (General rule).(2)
Intentionally left blank —Ed.(a)
Contracts involving the occupancy of real property, the land use of property or the recording of interests in real property are governed by the law of the state where the property is situated.(b)
Contracts for personal services are governed by the law of the state where the services are to be primarily rendered pursuant to the contract.(c)
Contracts for franchises, as defined in ORS 650.005 (Definitions for ORS 650.005 to 650.100), except for licensing clauses in such contracts, are governed by the law of the state where the franchise is to operate pursuant to the contract.(d)
Licensing contracts and licensing clauses in contracts for franchises, as defined in ORS 650.005 (Definitions for ORS 650.005 to 650.100), are governed by the law of the state where the licensor has its place of business or residence with the closest connection to the transactions between the parties. For purposes of this subsection, “licensing” means a grant of a privilege, created by contract, that allows one party, the licensee, to use the property or right of another party, the licensor.(e)
Agency contracts are governed by the law of the state where the agent’s duties are to be primarily performed. [Formerly 81.135]
Source:
Section 15.380 — Presumptive rules for specific types of contracts, https://www.oregonlegislature.gov/bills_laws/ors/ors015.html.
Law Review Citations
44 WLR 205 (2007)
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