ORS 42.250
Terms construed as generally accepted

evidence of other signification

Text
Annotations 6

The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.

Source: Section 42.250 — Terms construed as generally accepted; evidence of other signification, https://www.oregonlegislature.gov/bills_laws/ors/ors042.html.

Notes of Decisions

Determination of trade custom or usage is one for trier of facts. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)

Evidence of term’s special meaning within trade within which transaction arose is always admissible. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)

The term “contract” in an exclusion clause of the insurance contract does not include obligations “implied at law.” Larson Constr. Co. v. Ore. Auto. Ins. Co., 450 F2d 1193 (1971)

Evidence of custom is not required to establish that technical meaning was intended by parties. Bernard v. First National Bank, 275 Or 145, 550 P2d 1203 (1976)

Court interprets terms of insurance policy according to what court perceives to be understanding of ordinary purchaser of insurance. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

Term “any aircraft” used in insurance contract was to be given ordinary dictionary meaning and included hang gliders. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

42.010
Private writings 42.020
Execution of a writing 42.030
Subscribing witness 42.040
Proof of attested writing other than a will 42.110
Seal defined 42.115
Effect of presence or absence of seal 42.125
Seal of state officer or state agency authorized 42.141
Writing executed or acknowledged in electronic presence of witness 42.210
Effect of the place of execution 42.220
Consideration of circumstances 42.230
Office of judge in construing instruments 42.240
Intention of the parties 42.250
Terms construed as generally accepted 42.260
Ambiguous terms 42.270
Written words control printed form 42.280
Deciphering characters and translating languages 42.290
Construction of notices 42.300
Parties to written instrument not to deny facts recited therein

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Current through early 2024

§ 42.250’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_42.250

Original Source: Section 42.250 — Terms construed as generally accepted; evidence of other signification, https://www.oregonlegislature.gov/bills_laws/ors/ors042.html (last accessed Aug. 25, 2023).

ORS 42.250 Terms construed as generally accepted

Notes of Decisions

ORS 42.250
Terms construed as generally accepted