ORS 71.2080¹
Option to accelerate at will

A term providing that one party or the successor in interest of the party may accelerate payment or performance or require collateral or additional collateral "at will" or "when the party deems the party insecure" or in words of similar import shall be construed to mean that the party shall have power to do so only if the party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised. [1961 c.726 §71.2080 (Option to accelerate at will)]


Notes of Decisions

Defendant was entitled to exercise its right to repossess automobile where, inter alia plaintiff was repeatedly late with pay­ments, was twice unemployed during period of loan, was warned about possibility of repos­ses­sion and defendant had reason to believe it had no right of recourse against car dealer if plaintiff failed to make pay­ments. Salsberry v. Ford Motor Credit Co., 54 Or App 522, 635 P2d 669 (1981), Sup Ct review denied

There was no substantial evidence that defendant acted in bad faith or that its claim of insecurity was dishonest. Salsberry v. Ford Motor Credit Co., 54 Or App 522, 635 P2d 669 (1981), Sup Ct review denied

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