ORS 71.3080
Performance or acceptance under reservation of rights

(1)

A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest” or the like are sufficient.

(2)

Subsection (1) of this section does not apply to an accord and satisfaction. [2009 c.181 §21]
Note: See note under 71.3010 (Territorial applicability).

Source: Section 71.3080 — Performance or acceptance under reservation of rights, https://www.­oregonlegislature.­gov/bills_laws/ors/ors071.­html.

Notes of Decisions

This statute does not alter the common law principles of accord and satisfaction; its purpose is to protect against waiver and estoppel. Les Schwab Tire Centers v. Ivory Ranch, 63 Or App 364, 664 P2d 419 (1983)

Under this section, franchisee who signs successor contract under protest and promptly seeks to invoke its rights under Petroleum Marketing Practices Act, 15 U.S.C. 2805 (1982), has not “renewed” franchise relationship so as to bar relief under that Act. Pro Sales, Inc. v. Texaco, U.S.A., 792 F2d 1394 (1986)

Green check means up to date. Up to date

Current through early 2024

§ 71.3080’s source at oregon​.gov