Okla. Stat. » Title 23 — DAMAGES
Oklahoma Statutes

Okla. Stat. tit. 23, § 61 (2026)

Obligation not arising from contract

✓ current as of July 2026
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For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by

this chapter, is the amount which will compensate for all detriment proximately caused thereby, whether it could have been anticipated or not. R.L. 1910, § 2872.

Notes of Decisions
Cited in 45 cases (4 in the last 5 years), 1956–2025 · leading case: Estrada v. Port City Props., Inc., 2011 OK 30 (Okla. 2011).
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Estrada v. Port City Props., Inc., 2011 OK 30 (Okla. 2011). · cites it 3× “See, 23 O.S.2001 § 61 which provides: For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this chapter, is the amount which will compensate for all detriment proximately caused thereby, whether it could…”
Beason v. I. E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019). · cites it 2× “23 O.S.2011 § 61: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this chapter, is the amount which will compensate for all detriment proximately caused thereby, whether it could have been…”
Waggoner v. Town & Country Mobile Homes, Inc., 808 P.2d 649 (Okla. 1990). · cites it 2× “23 O.S.1981, § 61. In fashioning the manufacturers' products liability theory of recovery of damages caused by defective products, in Kirkland v.”
Blythe v. Univ. of Oklahoma, 2003 OK 115 (Okla. 2003). · cites it 2× “) compared ¶ 7 The collateral source rule traditionally applies in the context of common law tort actions to determine the amount of compensatory damages "which will compensate [the injured party] for all detriment proximately caused.”
Joe L. White, Plaintiff-Appellee/cross-Appellant v. Am. Airlines, Inc., Defendant-Appellant/cross-Appellee, 915 F.2d 1414 (10th Cir. 1990). “In addition, the damages award may have included payment for 29 years of future wages and benefits that plaintiff allegedly would have earned had he remained as an employee of American until retirement age. We note that although damages under Oklahoma tort law are measured by…”
Beavers v. Lamplighters Realty, Inc., 556 P.2d 1328 (Okla. Civ. App. 1976). · cites it 2× “It was used because the court concluded it would best compensatorily satisfy detriment caused by the fraudulent representation of land value — compensation sanctioned by 23 O.S.1971 § 61 3 for non-contractual breaches of duty in general, and 76 O.”
Worsham v. Nix, 2006 OK 67 (Okla. 2006). “' See 23 O.S.2001 § 61; Denco Bus Lines, Inc. v.”
Okland Oil Co. v. Conoco Inc., 144 F.3d 1308 (10th Cir. 1998). “” Okla. Stat. tit. 23, § 61 ; see also Okla.”
Grassmann v. Brown (In re Brown), 570 B.R. 98 (Bankr. W.D. Okla. 2017). “” Okla. Stat. tit. 23, § 61 . In Oklahoma, the collateral source rule provides: Upon commission of a tort it is the duty of the wrongdoer to answer for the damages wrought by his wrongful act, and that is measured by the whole loss so caused and the receipt of compensation by…”
MBA Com. Constr., Inc. v. Roy J. Hannaford Co., 818 P.2d 469 (Okla. 1991). “The damages sought by MBA and Metro are within the measure of damages for torts specified in 23 O.S.1981, § 61, which provides: For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this chapter, is the…”
Seneca Ins. v. W. Claims, Inc., 774 F.3d 1272 (10th Cir. 2014). “2d 621, 624 (1935); Okla. Stat. tit. 23, § 61 )) (unpublished).”
LeFlore v. Reflections of Tulsa, Inc., 708 P.2d 1068 (Okla. 1985). “” Eileen, therefore, to recover damages must have suffered a loss or harm as a result of the alleged fraudulent inducement by Reflections’ advertisement for the Miss Legs contest.”
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