SUMMARY
This chapter is excerpted from the 2013 edition of Consumer Law in Oregon, which will enable you to protect your clients' financial interests and advise them about available rights and remedies. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 4
UNLAWFUL TRADE PRACTICES
Tim Alan Quenelle
§4.1 INTRODUCTION
§4.1-1 Overview
§4.1-2 Legislative History
§4.1-3 Statutory Framework
§4.2 ESSENTIAL ELEMENTS
§4.2-1 In General
§4.2-2 Conduct Within the “608 Laundry List”
§4.3 TYPICAL PARTIES AND FACT SITUATIONS
§4.3-1 Recovery of Minimum Statutory Damages
§4.3-2 Representation by Course of Conduct
§4.3-3 Seller’s Misrepresentation Not Willful
§4.3-4 Customary Use of Goods or Services
§4.3-5 Usual Course of Business, Occupation, or Vocation
§4.3-6 No Privity Requirement
§4.4 ADVANTAGES
§4.5 PITFALLS AND HAZARDS
§4.6 REMEDIES AND DAMAGES
§4.6-1 In General
§4.6-2 Damages Not Recoverable for Unconscionable Tactics or Other Violations of ORS 646.607.
§4.6-3 Public Remedies
§4.6-4 Ascertainable Loss
§4.6-5 “Actual Damages” Distinguished from “Ascertainable Loss”
§4.6-6 Emotional Distress Damages
§4.6-7 Willfulness
§4.6-8 Reliance and Privity
§4.6-9 Causal Connection
§4.6-10 Punitive Damages
§4.6-11 Distribution of Punitive Damages
§4.6-12 Pleading Punitive Damages
§4.6-13 Attorney Fees
§4.7 DEFENSES
§4.7-1 Statute of Limitations
§4.7-2 Conduct in Compliance with Rules or Orders
§4.8 PLEADING AND PRACTICE
§4.8-1 Alternative Theories
§4.8-2 Necessity of Pleading Willfulness
§4.8-3 Necessity of Pleading Right to Attorney Fees
§4.8-4 Necessity of Providing Attorney General with Copy of Complaint
§4.8-5 Elements of a Well-Pleaded UTPA Claim