ORS 72.3060¹
Output, requirements and exclusive dealings

(1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale. [1961 c.726 §72.3060 (Output, requirements and exclusive dealings)]

Notes of Decisions

At time project contemplated in "require­ments contract" between contractor and ma­te­ri­alman was terminated, contractor had no good faith need for ma­te­ri­alman's concrete, and thus was not obligated to buy any further concrete. Wilsonville Concrete Products v. Todd Building Company, 281 Or 345, 574 P2d 1112 (1978)

This sec­tion es­tab­lishes "quantity" of exclusive dealings contracts as matter of law, and thus exclusive dealings contract which failed to specify quantity was not void under Statute of Frauds pursuant to ORS 72.2010 (Formal requirements: statute of frauds). Kubik v. J & R Foods, 282 Or 179, 577 P2d 518 (1978)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors72.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­072ano.­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