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ORS 72.7040

Known as the Uniform Commercial Code

The act spans §§ 72–72 (125 sections).

Applied in 3 court decisions — leading case Weiss v. NORTHWEST ACCEPTANCE CORPORATION (1976)

Most recently applied in Peace River Seed Co-Operative, Ltd. v. Proseeds Marketing, Inc. (December 2012)

1961 c.726 §72.7040

How often courts cite this section

19761980199020002010201210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) An aggrieved seller under ORS 72.7030 may:

(a) Identify to the contract conforming goods not already identified if at the time the aggrieved seller learned of the breach they are in the possession or control of the aggrieved seller.

(b) Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.