Oregon Limitation of Remedies and Damages Provisions

State:
Multi-State
Control #:
US-ND0903
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Word; 
PDF
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Description

This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.

Oregon Limitation of Remedies and Damages Provisions are legal provisions that limit the types and amounts of remedies and damages that can be sought in certain legal disputes within the state of Oregon. These provisions are designed to provide clarity and stability in business relationships and promote a fair and efficient resolution of disputes. Here are some relevant keywords and types of Oregon Limitation of Remedies and Damages Provisions: 1. Oregon Revised Statutes: The Oregon Limitation of Remedies and Damages Provisions can be found in the Oregon Revised Statutes (ORS), specifically in Title 12 — Contracts. 2. Contractual Limitations: One type of Oregon Limitation of Remedies and Damages Provision involves contractual agreements between parties. These provisions are typically included in contracts and set forth the specific limitations on remedies and damages that can be pursued in case of a dispute. The parties can agree to limit the available remedies and the amount of damages that can be recovered. 3. Statutory Limitations: Oregon law may impose certain statutory limitations on remedies and damages in specific contexts or industries. For example, in certain consumer protection cases, there may be specific remedies and damages limitations set forth by Oregon statutes. 4. Economic Loss Doctrine: The Economic Loss Doctrine is another type of Limitation of Remedies and Damages Provision recognized in Oregon. This legal principle bars parties from recovering economic losses in certain tort claims (claims outside of contract law) when the losses are solely economic and do not involve physical harm or damage to property. 5. Non-Recoverable Damages: Oregon Limitation of Remedies and Damages Provisions can also specify certain types of damages that are not recoverable in a legal claim. For instance, they may exclude consequential damages (indirect damages resulting from the breach of contract) or punitive damages (damages awarded as punishment). 6. Notice Requirements: Some Oregon Limitation of Remedies and Damages Provisions may require the injured party to provide notice to the other party within a specific timeframe to preserve their right to seek certain remedies or damages. Failure to meet these notice requirements can sometimes result in a complete bar to recovery. 7. Unconscionably: Oregon courts may scrutinize Limitation of Remedies and Damages Provisions to ensure they are not unconscionable, meaning they are not unreasonably favorable to one party and unreasonably detrimental to the other. It is important to note that the specific Oregon Limitation of Remedies and Damages Provisions can vary depending on the nature of the dispute, the industry involved, and the language used in the relevant contracts or statutes. Therefore, it is advisable to consult with an attorney to understand the specific provisions applicable to a particular situation.

Oregon Limitation of Remedies and Damages Provisions are legal provisions that limit the types and amounts of remedies and damages that can be sought in certain legal disputes within the state of Oregon. These provisions are designed to provide clarity and stability in business relationships and promote a fair and efficient resolution of disputes. Here are some relevant keywords and types of Oregon Limitation of Remedies and Damages Provisions: 1. Oregon Revised Statutes: The Oregon Limitation of Remedies and Damages Provisions can be found in the Oregon Revised Statutes (ORS), specifically in Title 12 — Contracts. 2. Contractual Limitations: One type of Oregon Limitation of Remedies and Damages Provision involves contractual agreements between parties. These provisions are typically included in contracts and set forth the specific limitations on remedies and damages that can be pursued in case of a dispute. The parties can agree to limit the available remedies and the amount of damages that can be recovered. 3. Statutory Limitations: Oregon law may impose certain statutory limitations on remedies and damages in specific contexts or industries. For example, in certain consumer protection cases, there may be specific remedies and damages limitations set forth by Oregon statutes. 4. Economic Loss Doctrine: The Economic Loss Doctrine is another type of Limitation of Remedies and Damages Provision recognized in Oregon. This legal principle bars parties from recovering economic losses in certain tort claims (claims outside of contract law) when the losses are solely economic and do not involve physical harm or damage to property. 5. Non-Recoverable Damages: Oregon Limitation of Remedies and Damages Provisions can also specify certain types of damages that are not recoverable in a legal claim. For instance, they may exclude consequential damages (indirect damages resulting from the breach of contract) or punitive damages (damages awarded as punishment). 6. Notice Requirements: Some Oregon Limitation of Remedies and Damages Provisions may require the injured party to provide notice to the other party within a specific timeframe to preserve their right to seek certain remedies or damages. Failure to meet these notice requirements can sometimes result in a complete bar to recovery. 7. Unconscionably: Oregon courts may scrutinize Limitation of Remedies and Damages Provisions to ensure they are not unconscionable, meaning they are not unreasonably favorable to one party and unreasonably detrimental to the other. It is important to note that the specific Oregon Limitation of Remedies and Damages Provisions can vary depending on the nature of the dispute, the industry involved, and the language used in the relevant contracts or statutes. Therefore, it is advisable to consult with an attorney to understand the specific provisions applicable to a particular situation.

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Oregon Limitation of Remedies and Damages Provisions