ORS 15.445
General and residual approach

Except as provided in ORS 15.430 (Claims governed by Oregon law), 15.435 (Product liability civil actions), 15.440 (General rules) and 15.455 (Agreements on applicable foreign law), the rights and liabilities of the parties with regard to disputed issues in a noncontractual claim are governed by the law of the state whose contacts with the parties and the dispute and whose policies on the disputed issues make application of the state’s law the most appropriate for those issues. The most appropriate law is determined by:

(1)

Identifying the states that have a relevant contact with the dispute, such as the place of the injurious conduct, the place of the resulting injury, the domicile, habitual residence or pertinent place of business of each person, or the place in which the relationship between the parties was centered;

(2)

Identifying the policies embodied in the laws of these states on the disputed issues; and

(3)

Evaluating the relative strength and pertinence of these policies with due regard to:

(a)

The policies of encouraging responsible conduct, deterring injurious conduct and providing adequate remedies for the conduct; and

(b)

The needs and policies of the interstate and international systems, including the policy of minimizing adverse effects on strongly held policies of other states. [Formerly 31.878]

Source: Section 15.445 — General and residual approach, https://www.­oregonlegislature.­gov/bills_laws/ors/ors015.­html.

Law Review Citations

88 OLR 963 (2009)

Green check means up to date. Up to date

Current through early 2024

§ 15.445’s source at oregon​.gov