Oregon Limitation of Remedies and Damages Provisions

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US-ND0903
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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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Expectation damages can only be recovered if they can be calculated to a reasonable certainty. Where damages cannot be calculated to a reasonable certainty, the injured party will only be able to recover nominal damages.

Contractual limitations on damages are agreements whereby the parties limit the availability of damages that would otherwise be available under statutory law.

Examples of limitation/exclusion of liability clauses Exclude liability for some categories of losses, such as indirect or consequential losses or loss of profits. Limit liability to a specific amount, setting a 'cap' to the sums payable in damages related to a breach.

In this case, damages are solely economic, and most states enforce the clause. Others might hold the limitation of liability in varying degrees of unenforceability. Certain states find these clauses unenforceable unless they are explicitly worded.

In many agreements, you may find a clause labeled ?limitation of remedy.? This clause is largely similar to a limitation of liability clause in that it controls how much responsibility a company has under a contract. Often, however, the limitation of remedy clauses limits the types of remedies you can pursue.

Under the first, damages are limited by reference to the degree of the debtor's fault. The second requires that damage must be foreseeable. The third relies on the degree of causal connection between the default and the harm. The fourth technique is to give the court a discretion to limit damages.

For breach of contract cases, the statute of limitations in Oregon is six years from the date of the breach, unless the parties agree on a shorter time frame.

5 years Contracts on real property (5 years from date of maturity of final payment) 6 years Most contract claims. 10 years Action to recover real property or for possession of real property (adverse possession).

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Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in the Uniform Commercial Code. (3). (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in the Uniform Commercial Code. (3) ...Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual ... 30.269 Limitations on awards under Oregon Tort Claims Act generally. (1) Punitive damages may not be awarded on any claim subject to ORS 30.260 to 30.300. (2) ... Determines if damage is due to state activities. Pays only reasonable costs. Encourages the following evidence be provided with claim: Photos; Diagrams; Reports View a list of current conviction compensation amounts. Effective July 1, 2023 – June 30, 2024. In 2022, the Oregon Legislative Assembly passed ... Aug 5, 2018 — Dear Oregon Lawyer: This sixth edition of Oregon Statutory Time Limitations replaces the Oregon Statutory. Time Limitations handbook that was ... However, the Court determined that because the Oregon Constitution preserves a citizen's right to a remedy in the remedy clause of Article I, section 10, there ... Your complete name and address. · The amount you intend to claim in damages. (This amount must be $10,000 or less.) · A simple and concise statement of the basis ... You agree to indemnify, defend and hold OREF harmless against any claims, demands, liability, damages, costs and fees, including, without limitation, attorney's ...

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Oregon Limitation of Remedies and Damages Provisions