2007 ORS 81.120¹
Choice of law made by parties

(1) Except as specifically provided by ORS 81.105 (Specific types of contracts governed by Oregon law), 81.110 (Validity of form), 81.112 (Capacity to contract), 81.115 (Consent) or 81.125 (Limitations on choice of law by parties), the contractual rights and duties of the parties are governed by the law or laws that the parties have chosen. The choice of law may extend to the entire contract or to part of a contract.

(2) The choice of law must be express or clearly demonstrated from the terms of the contract. In a standard-form contract drafted primarily by only one of the parties, any choice of law must be express and conspicuous.

(3) The choice of law may be made or modified after the parties enter into the contract. Any choice of law made or modified after the parties enter into the contract must be by express agreement.

(4) Unless the parties provide otherwise, a choice of law or modification of that choice operates retrospectively to the time the parties entered into the contract. Retrospective operation under the provisions of this subsection may not prejudice the rights of third parties. [2001 c.164 §7]

Law Review Cita­tions

38 WLR 397 (2002)

Law Review Cita­tions

38 WLR 397 (2002)


1 Legislative Counsel Committee, CHAPTER 81—Tender and Receipts; Choice of Law for Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­081.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 81, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­081ano.­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.