72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2781
 
                         House Bill 3046
 
Sponsored by Representative DINGFELDER, Senator RINGO
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates presumption that certain clauses on standardized
printed form are void.
  Applies to all contracts, whether entered into before, on or
after effective date of Act unless provision is at issue in
action or proceeding commenced before effective date of Act.
 
                        A BILL FOR AN ACT
Relating to contracts.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A provision of a written contract is
presumed to be void if:
  (a) The contract is on a standardized printed form prepared by
one of the parties to the contract; and
  (b) The provision is a clause that is not express and
conspicuous and does not define the rights or obligations of the
parties.
  (2) The presumption established under this section is rebutted
if the party that prepared the contract shows by clear and
convincing evidence that the other party had the opportunity to
accept the contract without the provision.
  (3) A determination that a provision of a contract is void
under this section does not affect any other provision of the
contract. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2003 Act applies to all
contracts, whether entered into before, on or after the effective
date of this 2003 Act.
  (2) Section 1 of this 2003 Act does not apply to any contract
that is at issue in an action or proceeding commenced before the
effective date of this 2003 Act. + }
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