US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 15.400 – Definitions for ORS 15.400 to 15.460.

For the purposes of ORS 15.400 to 15.460: (1) “Conduct” means an act or omission that has occurred or that may occur in the future. (2) “Domicile” means the place identified under ORS 15.420. (3) “Injury” means physical or nonphysical harm to a person or property caused by the conduct of another person. (4) “Law,” […]

Section 15.405 – Applicability.

ORS 15.400 to 15.460 govern the choice of law applicable to noncontractual claims when a choice between or among the laws of more than one state is at issue. ORS 15.400 to 15.460 do not supersede the provisions of other Oregon statutes that expressly designate the law governing a particular noncontractual claim. [Formerly 31.855]

Section 15.410 – Characterization.

(1) Oregon law determines the scope and meaning of terms used in ORS 15.400 to 15.460, including whether a claim is a noncontractual claim. (2) The law of the state determined to be applicable under ORS 15.400 to 15.460 determines the scope and meaning of terms used in that law. [Formerly 31.860]

Section 15.415 – Localization and other factual determinations.

For the purposes of ORS 15.400 to 15.460, the following issues are determined under Oregon law: (1) What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state where the conduct occurred that is primarily responsible for the injury is the state where the injurious […]

Section 15.420 – Determining domicile.

For the purposes of ORS 15.400 to 15.460: (1)(a) The domicile of a natural person is in the state in which the person resides with the intent to make it the person’s home for an indefinite period of time. (b) A domicile once established continues until it is superseded by the acquisition of a new […]

Section 15.430 – Claims governed by Oregon law.

Notwithstanding ORS 15.440, 15.445 and 15.455, Oregon law governs noncontractual claims in the following actions: (1) Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law. (2) Actions in which none of the parties raises the issue of applicability of foreign law. (3) Actions in […]

Section 15.435 – Product liability civil actions.

(1) Notwithstanding ORS 15.440 and 15.445, Oregon law applies to product liability civil actions, as defined in ORS 30.900, if: (a) The injured person was domiciled in Oregon and the injury occurred in Oregon; or (b) The injured person was domiciled in Oregon or the injury occurred in Oregon, and the product: (A) Was manufactured […]

Section 15.440 – General rules.

(1) Noncontractual claims between an injured person and the person whose conduct caused the injury are governed by the law of the state designated in this section. (2)(a) If the injured person and the person whose conduct caused the injury were domiciled in the same state, the law of that state governs. However, the law […]

Section 15.445 – General and residual approach.

Except as provided in ORS 15.430, 15.435, 15.440 and 15.455, the rights and liabilities of the parties with regard to disputed issues in a noncontractual claim are governed by the law of the state whose contacts with the parties and the dispute and whose policies on the disputed issues make application of the state’s law […]

Section 15.450 – Joint tortfeasors and third parties.

Notwithstanding ORS 15.430, 15.435 and 15.440, if two or more persons are liable for the same claim, the rights and liabilities between those persons are governed by the law determined for the particular issue under ORS 15.445. If a third party pays compensation to a person injured by the conduct of another person, the right […]

Section 15.455 – Agreements on applicable foreign law.

Notwithstanding ORS 15.440, 15.445 and 15.450, but subject to ORS 15.300 to 15.380, an agreement providing that an issue or issues falling within the scope of ORS 15.400 to 15.460 will be governed by the law of a state other than Oregon is enforceable in Oregon if the agreement was entered into after the parties […]

Section 15.460 – Commentary.

The Oregon Law Commission shall make available on the website maintained by the commission a copy of the commentary approved by the commission for the provisions of ORS 15.400 to 15.460. [Formerly 31.890]