ORS 71.2070¹
Performance or acceptance under reservation of rights
  • application to accord and satisfaction

(1) A party who 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. [1961 c.726 §71.2070 (Performance or acceptance under reservation of rights); 1993 c.545 §2]

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)

1 Legislative Counsel Committee, CHAPTER 71—General Provisions for Uniform Commercial Code, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors71.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 71, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­071ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information