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6 Oregon opinions name it 2 courts 1932–2015 0 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bodenhamer v. Pattersongreen2 sentences2015Wilkinson v. Carpenter, 276 Or 311, 318-19 , 554 P2d 512 (1976) (citing Sharkey v. Burlingame Co., 131 Or 185 , 282 P 546 (1929)); id. at 319 (where a party waived reliance on any previous representations by contractual disclaimer, absent a showing of actual fraud, the party could not avoid the effect of the disclaimer); see also Bodenhamer v. Patterson, 278 Or 367, 370-73 , 563 P2d 1212 (1977) (a party who was induced to enter into a contract by a material misrepresentation on which the party relied may rescind the contract even though the contract contains a disclaimer clause expressly discl 2015Wilkinson v. Carpenter, 276 Or 311, 318-19 , 554 P2d 512 (1976) (citing Sharkey v. Burlingame Co., 131 Or 185 , 282 P 546 (1929)); id. at 319 (where a party waived reliance on any previous representations by contractual disclaimer, absent a showing of actual fraud, the party could not avoid the effect of the disclaimer); see also Bodenhamer v. Patterson, 278 Or 367, 370-73 , 563 P2d 1212 (1977) (a party who was induced to enter into a contract by a material misrepresentation on which the party relied may rescind the contract even though the contract contains a disclaimer clause expressly discl | 2 | 2 |
Garibay v. Barrett Business Servicesgreen2 sentences2001See, e.g., Garibay, 148 Or App at 501 . 1998We held that the employer’s failure to comply with the disclaimer requirement “barred [the employer] from making [a responsibility] argument.” Id. at 501 . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wilkinson v. Carpenter
green
2 sentences2015Wilkinson v. Carpenter, 276 Or 311, 318-19 , 554 P2d 512 (1976) (citing Sharkey v. Burlingame Co., 131 Or 185 , 282 P 546 (1929)); id. at 319 (where a party waived reliance on any previous representations by contractual disclaimer, absent a showing of actual fraud, the party could not avoid the effect of the disclaimer); see also Bodenhamer v. Patterson, 278 Or 367, 370-73 , 563 P2d 1212 (1977) (a party who was induced to enter into a contract by a material misrepresentation on which the party relied may rescind the contract even though the contract contains a disclaimer clause expressly discl 2015Wilkinson v. Carpenter, 276 Or 311, 318-19 , 554 P2d 512 (1976) (citing Sharkey v. Burlingame Co., 131 Or 185 , 282 P 546 (1929)); id. at 319 (where a party waived reliance on any previous representations by contractual disclaimer, absent a showing of actual fraud, the party could not avoid the effect of the disclaimer); see also Bodenhamer v. Patterson, 278 Or 367, 370-73 , 563 P2d 1212 (1977) (a party who was induced to enter into a contract by a material misrepresentation on which the party relied may rescind the contract even though the contract contains a disclaimer clause expressly discl | 2 | 1981–2015 |
Sharkey v. Burlingame Co.
green
2 sentences1976In considering the effect *517 of the disclaimer clause in that case, this court analyzed previous cases involving purported disclaimers of fraudulent representations and reached the following conclusion: "* * * We think that the effect of this stipulation was to attempt to relieve the defendant from liability for the misrepresentation of its agents inducing plaintiff to enter into the contracts and that such a stipulation is unenforceable because against public policy, that the fraud complained of vitiates the entire transaction and that the introduction of parol testimony of the fraudulent r 1976In considering the effect *517 of the disclaimer clause in that case, this court analyzed previous cases involving purported disclaimers of fraudulent representations and reached the following conclusion: "* * * We think that the effect of this stipulation was to attempt to relieve the defendant from liability for the misrepresentation of its agents inducing plaintiff to enter into the contracts and that such a stipulation is unenforceable because against public policy, that the fraud complained of vitiates the entire transaction and that the introduction of parol testimony of the fraudulent r | 2 | 1976–2015 |
Bekkevold v. Potts
green
2 sentences1932Such clauses are "intended to say that no contractual warranties have been made": Bekkevold v. *Page 478 Potts , 173 Minn. 87 ( 216 N.W. 790 , 59 A.L.R. 1164 ). 1932Such clauses are "intended to say that no contractual warranties have been made": Bekkevold v. *Page 478 Potts , 173 Minn. 87 ( 216 N.W. 790 , 59 A.L.R. 1164 ). | 1 | 1932–1932 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.