ORS 81.010
Effect of unaccepted offer in writing to pay or deliver


An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.

Source: Section 81.010 — Effect of unaccepted offer in writing to pay or deliver, https://www.­oregonlegislature.­gov/bills_laws/ors/ors081.­html.

Notes of Decisions

To be valid, offer of payment must contain present offer of timely payment and cannot include any contradictory indication that debtor is not ready and able to make that offer good. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

To be valid, offer of payment does not need to include express statement that debtor has funds necessary to make payment. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

If creditor is silent in response to offer, creditor does not accept offer. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

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