Beware of Demand Letters for Small Amounts

No one likes receiving demand letters.  Demand letters are often sent by a would-be plaintiff to a would-be defendant before a lawsuit is filed.  They demand payment of money, and say that a lawsuit will be filed if the defendant doesn’t pay.   If you ever receive one, and the amount demanded is relatively small, you […]


Indemnity Provisions in Contracts: A Brief Summary of Oregon’s Approach

Contracts frequently contain indemnity provisions.  An indemnity provision is a clause that transfers risk between the parties to a contract.  Under such a provision, one party (called the indemnitor) agrees to defend and reimburse the other party (the indemnitee) for damages or losses resulting from claims arising out of the contract.  Indemnity provisions can be […]


Mobile App – “Terms of Use” and “Reasonable Notice”

We have all mindlessly tapped on the “I Agree” button after installing a new app on our phones or creating a new account with a service. By doing so, we have agreed to the “terms of use” (or “terms and conditions” or “terms of service” – whichever label is used). Despite the fact that this […]


Forum Selection Clauses: Small Deviations with Big Consequences

Forum selection clauses are common in contracts today.  In a forum selection clause, the parties to a contract designate a particular court or courts as having jurisdiction over disputes the parties may have about the contract.  Some forum selection clauses allow, but do not require, certain courts to hear disputes.  Others provide that a particular […]



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