Oregon Law
Law as of Jan 1, 2026
Chapter contents
15.010[Repealed by 1979 c.284 §199] 15.020[Amended by 1977 c.877 §2; repealed by 1979 c.284 §199] 15.030[Repealed by 1979 c.284 §199] 15.040[Amended by 1963 c.310 §1; 1967 c.297 §1; 1969 c.181 §1; 1971 c.192 §1; 1977 c.877 §3; repealed by 1979 c.284 §199] 15.050[Repealed by 1969 c.181 §2] 15.060[Amended by 1955 c.165 §1; 1973 c.827 §5; 1977 c.877 §4; repealed by 1979 c.284 §199] 15.070[Repealed by 1979 c.284 §199] 15.080[Amended by 1961 c.344 §98; 1963 c.310 §2; 1967 c.581 §1; 1973 c.823 §87; 1975 c.604 §1; 1977 c.877 §5; repealed by 1979 c.284 §199] 15.085[1963 c.445 §2; 1969 c.597 §257; 1971 c.779 §1; repealed by 1979 c.284 §199] 15.090[Repealed by 1979 c.284 §199] 15.100[Renumbered 18.135] 15.110[Amended by 1955 c.293 §1; 1973 c.827 §6; 1977 c.877 §6; repealed by 1979 c.284 §199] 15.120[Repealed by 1979 c.284 §199] 15.130[Amended by 1955 c.70 §1; 1965 c.329 §1; 1973 c.529 §1; repealed by 1979 c.284 §199] 15.140[Repealed by 1979 c.284 §199] 15.150[Repealed by 1979 c.284 §199] 15.160[Amended by 1961 c.353 §1; 1977 c.877 §7; repealed by 1979 c.284 §199] 15.170[Repealed by 1979 c.284 §199] 15.180[Repealed by 1979 c.284 §199] 15.190[Amended by 1955 c.287 §15; subsection (5) of 1955 part derived from 1955 c.287 §§33, 34; 1959 c.440 §1; 1967 c.410 §1; 1969 c.389 §1; 1973 c.60 §1; 1977 c.877 §8; repealed by 1979 c.284 §199] 15.200[Amended by 1955 c.287 §16; subsection (3) of 1955 part derived from 1955 c.287 §§33, 34; 1959 c.440 §2; 1961 c.146 §1; repealed by 1979 c.284 §199] 15.210[1975 c.623 §7; repealed by 1979 c.284 §199] 15.220[1975 c.623 §8; repealed by 1979 c.284 §199] 15.300Definitions for ORS 15.300 to 15.380 15.305Applicability 15.320Specific types of contracts governed by Oregon law 15.325Validity of form 15.330Capacity to contract 15.335Consent 15.350Choice of law made by parties 15.355Limitations on choice of law by parties 15.360General rule 15.380Presumptive rules for specific types of contracts 15.400Definitions for ORS 15.400 to 15.460 15.405Applicability 15.410Characterization 15.415Localization and other factual determinations 15.420Determining domicile 15.430Claims governed by Oregon law 15.435Product liability civil actions 15.440General rules 15.445General and residual approach 15.450Joint tortfeasors and third parties 15.455Agreements on applicable foreign law 15.460Commentary

Chapter 15 — Choice of Laws

ORS 15.330 Capacity to contract

(1)

A party has the capacity to enter into a contract if the party has that capacity under the law of the state in which the party resides or the law applicable to this issue under ORS 15.320, 15.360 or 15.380.

(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.

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