(2) A party that lacks capacity to enter into a contract under the law of the state in which the party resides may assert that incapacity against a party that knew or should have known of the incapacity at the time the parties entered into the contract. If a party establishes lack of capacity in the manner provided by this subsection, the consequences of the party’s incapacity are governed by the law of the state in which the incapable party resides. [Formerly 81.112]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 15.300 - Definitions for ORS 15.300 to 15.380.
Section 15.320 - Specific types of contracts governed by Oregon law.
Section 15.330 - Capacity to contract.
Section 15.350 - Choice of law made by parties.
Section 15.355 - Limitations on choice of law by parties.
Section 15.360 - General rule.
Section 15.380 - Presumptive rules for specific types of contracts.
Section 15.400 - Definitions for ORS 15.400 to 15.460.
Section 15.410 - Characterization.
Section 15.415 - Localization and other factual determinations.
Section 15.420 - Determining domicile.
Section 15.430 - Claims governed by Oregon law.
Section 15.435 - Product liability civil actions.