ORS 42.250
Terms construed as generally accepted

  • evidence of other signification

The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a technical, local, or otherwise peculiar signification and were used and understood in the particular instance, in which case the agreement shall be construed accordingly.

Source: Section 42.250 — Terms construed as generally accepted; evidence of other signification, https://www.­oregonlegislature.­gov/bills_laws/ors/ors042.­html.

Notes of Decisions

Determination of trade custom or usage is one for trier of facts. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)

Evidence of term’s special meaning within trade within which transaction arose is always admissible. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)

The term “contract” in an exclusion clause of the insurance contract does not include obligations “implied at law.” Larson Constr. Co. v. Ore. Auto. Ins. Co., 450 F2d 1193 (1971)

Evidence of custom is not required to establish that technical meaning was intended by parties. Bernard v. First National Bank, 275 Or 145, 550 P2d 1203 (1976)

Court interprets terms of insurance policy according to what court perceives to be understanding of ordinary purchaser of insurance. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

Term “any aircraft” used in insurance contract was to be given ordinary dictionary meaning and included hang gliders. Totten v. New York Life Ins. Co., 298 Or 765, 696 P2d 1082 (1985)

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