Chapter 81

81.010

NOTES OF DECISIONS

To be valid, offer of payment must contain present offer of timely payment and cannot include any contradictory indication that debtor is not ready and able to make that offer good. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

To be valid, offer of payment does not need to include express statement that debtor has funds necessary to make payment. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

If creditor is silent in response to offer, creditor does not accept offer. Malan v. Tipton, 349 Or 638, 247 P3d 1223 (2011)

81.020

NOTES OF DECISIONS

Assuming this section applies to rejection of untimely tender that violates time of essence clause, check returned with notation that full balance under contract was due complied with requirements of this section. Harris v. Griffin, 109 Or App 253, 818 P2d 1289 (1991)

Person to whom tender is made does not waive objection by failure to object to terms accompanying offer of money. Reed v. Jackson County Citizens League, 183 Or App 89, 50 P3d 1287 (2002), Sup Ct review denied

81.100 to 81.135

LAW REVIEW CITATIONS: 38 WLR 397 (2002); 44 WLR 205 (2008); 88 OLR 963 (2009)

81.100

LAW REVIEW CITATIONS: 44 WLR 205 (2008)

81.105

LAW REVIEW CITATIONS: 38 WLR 397 (2002); 44 WLR 205 (2008)

81.110

LAW REVIEW CITATIONS: 44 WLR 205 (2008)

81.112

LAW REVIEW CITATIONS: 44 WLR 205 (2008)

81.115

LAW REVIEW CITATIONS: 44 WLR 205 (2008)

81.120

LAW REVIEW CITATIONS: 38 WLR 397 (2002); 44 WLR 205 (2008)

81.125

LAW REVIEW CITATIONS: 38 WLR 397 (2002); 44 WLR 205 (2008)

81.130

LAW REVIEW CITATIONS: 38 WLR 397 (2002); 44 WLR 205 (2008)

81.135

LAW REVIEW CITATIONS: 44 WLR 205 (2008)