ORS 72.2080¹
(Title not available: statute has been repealed or renumbered.)

[1961 c.726 §72.2080; repealed by 2009 c.181 §116]

Note

Repealed as of January 1, 2010

Notes of Decisions

Provision that express terms control inconsistent course of dealing cannot be taken at face value; express terms, including anti-waiver clauses, may be waived by course of performance inconsistent with those terms. Oregon Bank v. Nautilus Crane and Equip­ment Corp., 68 Or App 131, 683 P2d 95 (1984)

Although integrated docu­ment need not be ambiguous before it may be supple­mented or explained by evidence of course of dealing, course of performance or usage of trade, docu­ment must be reasonably susceptible to interpreta­tion suggested by such evidence before such evidence is admissible. Deerfield Commodities v. Nerco, Inc., 72 Or App 305, 696 P2d 1096 (1985), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors072.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano072.­html (2019) (last ac­cessed May 16, 2020).
 
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