Choice of Laws

ORS 15.430
Claims governed by Oregon law


Notwithstanding ORS 15.440 (General rules), 15.445 (General and residual approach) and 15.455 (Agreements on applicable foreign law), Oregon law governs noncontractual claims in the following actions:

(1)

Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law.

(2)

Actions in which none of the parties raises the issue of applicability of foreign law.

(3)

Actions in which the party or parties who rely on foreign law fail to assist the court in establishing the relevant provisions of foreign law after being requested by the court to do so.

(4)

Actions filed against a public body of the State of Oregon, unless the application of Oregon law is waived by a person authorized by Oregon law to make the waiver on behalf of the public body.

(5)

Actions against an owner, lessor or possessor of land, buildings or other real property situated in Oregon that seek to recover for, or to prevent, injury on that property and arising out of conduct that occurs in Oregon.

(6)

Actions between an employer and an employee who is primarily employed in Oregon that arise out of an injury that occurs in Oregon.

(7)

Actions for professional malpractice arising from services rendered entirely in Oregon by personnel licensed to perform those services under Oregon law. [Formerly 31.870]

(formerly 31.870)

Law Review Citations

88 OLR 963 (2009)

§§ 15.400 to 15.460

(formerly 31.850 to 31.890)

Law Review Citations

88 OLR 963 (2009)


Source

Last accessed
Jun. 26, 2021