Okla. Stat. tit. 15, § 15-175 — OK Code / Title 15 / Section 15-175
Promise presumed joint and several, when
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 62

Where all the parties who unite in a promise receive some

benefit from the consideration, whether past or present, their

promise is presumed to be joint and several.
Okla. Stat. tit. 15, § 15-276 — OK Code / Title 15 / Section 15-276
Action to collect upon obligation to repay money after
Status: in_force

default - Attorney fees.

In any civil action to collect upon an obligation to repay money

after default, the party prevailing on such cause of action shall be

awarded a reasonable attorney's fee. This attorney's fee shall be

assessed by the court as costs against the losing party.
Okla. Stat. tit. 15, § 15-53 — OK Code / Title 15 / Section 15-53
When consent not real
Status: in_force

An apparent consent is not real or free when obtained through:

1. Duress.

2. Menace.

3. Fraud.

4. Undue influence. or,

5. Mistake.
Okla. Stat. tit. 15, § 15-776.7 — OK Code / Title 15 / Section 15-776.7
Unsolicited commercial electronic messages – Civil action – Damages, costs, attorney
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 9action – Damages, costs, attorney fees.

A. Any person whose property or person is injured by reason of

a violation of any provision of this act may recover any damages

sustained and the costs of suit. Without limiting the generality of

the term, “damages” shall include loss of profits.

B. If the injury arises from the transmission of unsolicited or

commercial electronic mail messages, the injured person, other than

an electronic mail service provider, may also recover attorneys’

fees and costs, and may elect, in lieu of actual damages, to recover

the lesser of Ten Dollars ($10.00) for each and every unsolicited

commercial electronic mail message transmitted in violation of this

act, or Twenty-five Thousand Dollars ($25,000.00) per day. The

injured person shall not have a cause of action against the

electronic mail service provider, which merely transmits the

unsolicited commercial electronic mail message over its computer

network.

C. If the injury arises from the transmission of unsolicited or

commercial electronic mail messages, an injured electronic mail

service provider may also recover attorneys’ fees and costs and may

elect, in lieu of actual damages, to recover the greater of Ten

Dollars ($10.00) for each and every unsolicited commercial

electronic mail message transmitted in violation of this act, or

Twenty-five Thousand Dollars ($25,000.00) per day.

D. All acts and practices declared to be unlawful in Section 2

of this act shall, in addition, be violations of the Oklahoma

Consumer Protection Act.

Oklahoma Statutes - Title 15. Contracts Page 183

E. At the request of any party to an action brought pursuant to

this section, the court may, in its discretion, conduct all legal

proceedings in such a way as to protect the secrecy and security of

the computer, computer network, computer data, computer program and

computer software involved in order to prevent possible recurrence

of the same or a similar act by another person and to protect any

trade secrets of any party.

F. An e-mail service provider does not violate this section and

the injured party shall not have a cause of action against an

electronic mail provider due to the fact that the electronic mail

provider:

1. Is an intermediary between the sender and recipient in the

transmission of an electronic mail message that violates this

section; or

2. Provides transmission of unsolicited commercial electronic

mail messages over the provider’s computer network or facilities, or

shall be liable for any action it voluntarily takes in good faith to

block the receipt or transmission through its service of any

electronic mail advertisements that it believes is, or will be sent,

in violation of this section.
Okla. Stat. tit. 15, § 15-775C.4 — OK Code / Title 15 / Section 15-775C.4
Unlawful phone calls
Status: in_force

A. A commercial telephone seller or salesperson may not make

any of the following types of phone calls, including calls made

through automated dialing or recorded messages:

1. A commercial telephone solicitation phone call before 8 a.m.

or after 8 p.m. local time in the called person's time zone; and

2. More than three commercial telephone solicitation phone

calls from any number to a person over a twenty-four-hour period on

the same subject matter or issue, regardless of the phone number

used to make the call.

B. A commercial telephone seller or salesperson making a

commercial telephone solicitation call may not:

Oklahoma Statutes - Title 15. Contracts Page 173

1. Intentionally act to prevent transmission of the telephone

solicitor's name or telephone number to the party called when the

equipment or service used by the telephone solicitor is capable of

creating and transmitting the telephone solicitor's name or

telephone number; or

2. Use technology that deliberately displays a different caller

identification number than the number from where the call is

originating to conceal the true identity of the caller.
Okla. Stat. tit. 15, § 15-599.13 — OK Code / Title 15 / Section 15-599.13
Renumbered as Title 68, § 338 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.

Oklahoma Statutes - Title 15. Contracts Page 121
Okla. Stat. tit. 15, § 15-140.1 — OK Code / Title 15 / Section 15-140.1
Debt cancellation agreement
Status: in_force

A. A "debt cancellation agreement" means a loan term or

contractual arrangement modifying loan or retail installment

contract terms under which a lender or other creditor agrees to

cancel all or part of an obligation of the borrower to repay an

extension of credit from the lender or other creditor upon the

occurrence of a specified event. The agreement may be separate from

or a part of other loan or retail installment contract documents.

B. A debt cancellation agreement shall not be considered a

contract of, or for, insurance if it is not a contract whereby one

undertakes to indemnify another or to pay a specified amount upon

determinable contingencies, but merely cancels amounts owed by a

Oklahoma Statutes - Title 15. Contracts Page 24

borrower under a loan, retail installment contract or other credit

agreement.

C. A debt cancellation agreement shall not be deemed to create

a special relationship between the parties which would give rise to

an action in tort to recover for breach of the duty of good faith

and fair dealing. This section shall not be construed to preclude a

breach of contract action for failure of the parties to comply with

the implied duty of good faith and fair dealing in carrying out

their obligations as set forth in the agreement.
Okla. Stat. tit. 15, § 15-513 — OK Code / Title 15 / Section 15-513
Claimant must prove ownership
Status: in_force

The finder of a thing may, in good faith, before giving it up,

require reasonable proof of ownership from any person claiming it.
Okla. Stat. tit. 15, § 15-569 — OK Code / Title 15 / Section 15-569
Market quotations and news, right to receive and post -
Status: in_force

Delivery, etc., contemplated.

Only members of cotton exchanges, grain exchanges, boards of

trade or similar institutions organized under the laws of Oklahoma

or any other State may provide for their use and the use of their

clients, private or public wires from cities in Oklahoma in which

such cotton exchanges, grain exchanges, boards of trade, or similar

institutions are located to other cities without the State of

Oklahoma, where cotton exchanges, grain exchanges, boards of trade,

Oklahoma Statutes - Title 15. Contracts Page 114

or similar institutions are operated, and may receive over such

private or public wires and post for their own use and that of their

clients and of any person engaged in the production of cotton, grain

or other commodities, market quotations and market news, covering

cotton, grain, stocks and other commodities, and transmit for

execution contracts of sale for future delivery. In all cases it is

contemplated that the delivery of the commodity, purchased or sold,

as the case may be, will be carried out by the person or his

successor or assignee. Or that the contract for delivery thereof

will be performed or discharged according to the rules of the

exchange, board of trade, or similar institutions where the contract

is executed.
Okla. Stat. tit. 15, § 15-379 — OK Code / Title 15 / Section 15-379
Proceedings against principal, surety may require
Status: in_force

A surety may require his creditor to proceed against the

principal, or to pursue any other remedy in his power which the

surety cannot himself pursue, and which would lighten his burden;

and if in such case the creditor neglects to do so, the surety is

exonerated to the extent to which he is thereby prejudiced.
Okla. Stat. tit. 15, § 15-910.5 — OK Code / Title 15 / Section 15-910.5
Right to alternate arbitration - Construction of act -
Status: in_force

Waiver - Actions for damages.

A. Each consumer shall have the option of submitting any

dispute arising under the Defective Assistive Device Act to

alternate arbitration, and all manufacturers shall submit to such

alternate arbitration pursuant to the Dispute Resolution Act,

Section 1801 et seq. of Title 12 of the Oklahoma Statutes.

B. The Defective Assistive Device Act shall not be construed to

limit rights or remedies available to a consumer under any other

law.

C. Any waiver by a consumer of rights under this section is

void.

D. In addition to pursuing any other remedy, a consumer may

bring an action to recover for any damages caused by a violation of

the Defective Assistive Device Act. The court shall award a

consumer who prevails in such an action twice the amount of any

pecuniary loss, together with costs, disbursements and reasonable

Oklahoma Statutes - Title 15. Contracts Page 219

attorney fees, and any equitable relief that the court determines is

appropriate.
Okla. Stat. tit. 15, § 15-783 — OK Code / Title 15 / Section 15-783
Exemptions
Status: in_force

The Third Party Prescription Act shall not apply to any services

rendered pursuant to provisions of the vendor drug program

authorized by Sections 204 and 204.1 of Title 56 of the Oklahoma

Statutes. The Third Party Prescription Act shall not apply to an

insurance company which is licensed to transact insurance business

in this state and/or administers its own prescription drug program.

Oklahoma Statutes - Title 15. Contracts Page 191
Okla. Stat. tit. 15, § 15-471 — OK Code / Title 15 / Section 15-471
Bailment for exchange transfers title
Status: in_force

A bailment for exchange transfers to the bailee the title to the

thing bailed, and creates between him and the bailor the relation of

debtor and creditor merely.
Okla. Stat. tit. 15, § 15-446 — OK Code / Title 15 / Section 15-446
Bailment for exchange
Status: in_force

A bailment for exchange is one in which the bailee is only bound

to return a thing corresponding in kind to that which is deposited.
Okla. Stat. tit. 15, § 15-682 — OK Code / Title 15 / Section 15-682
Contract to be in writing - Copy to customer - Written
Status: in_force

statement to customer and summary of terms.

A. Every contract for invention development services shall be

in writing and shall be subject to the provisions of the Invention

Development Services Act. A copy of each fully executed, written

contract shall be given to the customer at the time the customer

signs the contract.

B. If one or more contracts are contemplated by the invention

developer in connection with an invention or if the invention

developer contemplates performance of services in connection with an

invention in more than one phase with the performance of each phase

covered in one or more contracts, the invention developer shall so

state in a written statement and shall supply to the customer the

written statement together with a copy of each contract or a written

summary of the general terms of each contract, including the total

cost or consideration required from the customer, before the

customer signs the first contract.
Okla. Stat. tit. 15, § 15-141.7 — OK Code / Title 15 / Section 15-141.7
Application for license - Investigation of applicant -
Status: in_force

Audited financial statements.

A. An application for license as a service warranty association

shall be made to, and filed with, the Insurance Commissioner on

printed forms as prescribed and furnished by the Insurance

Commissioner.

B. In addition to information relative to its qualifications as

required under Section 141.5 of this title, the Commissioner may

require that the application show:

1. The location of the home office of the applicant;

2. The name and residence address of each director or officer

of the applicant; and

3. Other pertinent information as may be required by the

Commissioner.

C. The Commissioner may require that the application, when

filed, be accompanied by:

1. A copy of the articles of incorporation of the applicant,

certified by the public official having custody of the original, and

a copy of the bylaws of the applicant, certified by the chief

executive officer of the applicant;

2. A copy of the most recent financial statement of the

applicant, which must be:

a. audited if the applicant complies with the

requirements of subsection A of Section 141.6 of this

title, or

b. verified under oath of at least two of its principal

officers if the applicant utilizes one or more

insurance policies that satisfy the requirements of

subsection B of Section 141.6 of this title; and

3. A license fee as required pursuant to Section 141.4 of this

title.

D. Upon completion of the application for license, the

Commissioner shall examine the application and make such further

investigation of the applicant as the Commissioner deems advisable.

If the Commissioner finds that the applicant is qualified, the

Commissioner shall issue to the applicant a license as a service

warranty association. If the Commissioner does not find the

applicant to be qualified the Commissioner shall refuse to issue the

Oklahoma Statutes - Title 15. Contracts Page 42

license and shall give the applicant written notice of the refusal,

setting forth the grounds of the refusal.

E. 1. Any entity that claims one or more of the exclusions

from the definition of service warranty provided in paragraph 17 of

Section 141.2 of this title shall file audited financial statements

and other information as requested by the Commissioner to document

and verify that the contracts of the entity are not included within

the definition of service warranty. Financial statements are not

required to be filed by an entity claiming one of the exclusions set

forth in subparagraphs a and b of paragraph 17 of Section 141.2 of

this title.

2. Any entity that begins claiming an exclusion exemption as

provided by paragraph 17 of Section 141.2 of this title shall make

the filing required by subsection A of this section prior to

conducting or continuing business in this state.

3. Any entity approved for an exclusion exemption as provided

by paragraph 17 of Section 141.2 of this title may be required by

the Commissioner to provide subsequent information ascertained by

the Commissioner to be necessary to determine continued

qualification for an exclusion exemption as provided by paragraph 17

of Section 141.2 of this title. Financial statements shall not be

required to be filed by an entity claiming one of the exclusions set

forth in subparagraphs a and b of paragraph 17 of Section 141.2 of

this title.

4. Other information requested by the Commissioner may include,

but is not limited to, SEC filings, audited financial statements of

affiliates, and organizational data and organizational charts.

Financial statements shall not be required to be filed by an entity

claiming one of the exclusions set forth in subparagraphs a and b of

paragraph 17 of Section 141.2 of this title.
Okla. Stat. tit. 15, § 15-378 — OK Code / Title 15 / Section 15-378
Surety has right of guarantor
Status: in_force

A surety has all the rights of a guarantor, whether he becomes

personally responsible or not.
Okla. Stat. tit. 15, § 15-249 — OK Code / Title 15 / Section 15-249
Waiver - Choice of law - Attorney's fees - Validity
Status: in_force

An attempted waiver of a provision of this act or application of

this act shall be void. Any provision in a dealer agreement that

purports to elect the application of the law of a state other than

this state shall be void. Any provision in a dealer agreement that

requires a dealer to pay attorney fees incurred by a supplier shall

be void.
Okla. Stat. tit. 15, § 15-503 — OK Code / Title 15 / Section 15-503
Hotels, apartment hotels, inns - Guest rooms to have
Status: in_force

suitable locks.

It shall be the duty of the proprietor, manager, or operator of

any hotel, apartment hotel, or inn to equip the doors of all guest

rooms in any hotel, apartment hotel or inn operated by him, with

suitable night latches, night chains, or bolts, so placed on the

inside of such doors, as to prevent such doors from being opened

from the outside by key or otherwise.
Okla. Stat. tit. 15, § 15-753 — OK Code / Title 15 / Section 15-753
Unlawful practices
Status: in_force

A person engages in a practice which is declared to be unlawful

and deemed a Class D1 felony offense under the Oklahoma Consumer

Oklahoma Statutes - Title 15. Contracts Page 140

Protection Act when, in the course of the person's business, the

person:

1. Represents, knowingly or with reason to know, that the

subject of a consumer transaction is of a particular make or brand,

when it is of another;

2. Makes a false or misleading representation, knowingly or

with reason to know, as to the source, sponsorship, approval, or

certification of the subject of a consumer transaction;

3. Makes a false or misleading representation, knowingly or

with reason to know, as to affiliation, connection, association

with, or certification by another;

4. Makes a false or misleading representation or designation,

knowingly or with reason to know, of the geographic origin of the

subject of a consumer transaction;

5. Makes a false representation, knowingly or with reason to

know, as to the characteristics, ingredients, uses, benefits,

alterations, or quantities of the subject of a consumer transaction

or a false representation as to the sponsorship, approval, status,

affiliation or connection of a person therewith;

6. Knowingly or with reason to know, makes a false or

misleading representation or gives the false or misleading

impression of being affiliated with a state agency or an affiliate

of a state agency through advertisement or publication;

7. Represents, knowingly or with reason to know, that the

subject of a consumer transaction is original or new if the person

knows that it is reconditioned, reclaimed, used, or secondhand;

8. Represents, knowingly or with reason to know, that the

subject of a consumer transaction is of a particular standard, style

or model, if it is of another;

9. Advertises, knowingly or with reason to know, the subject of

a consumer transaction with intent not to sell it as advertised;

10. Advertises, knowingly or with reason to know, the subject

of a consumer transaction with intent not to supply reasonably

expected public demand, unless the advertisement discloses a

limitation of quantity;

11. Advertises under the guise of obtaining sales personnel

when in fact the purpose is to sell the subject of a consumer

transaction to the sales personnel applicants;

12. Makes false or misleading statements of fact, knowingly or

with reason to know, concerning the price of the subject of a

consumer transaction or the reason for, existence of, or amounts of

price reduction;

13. Employs "bait and switch" advertising, which consists of an

offer to sell the subject of a consumer transaction which the seller

does not intend to sell, which advertising is accompanied by one or

more of the following practices:

Oklahoma Statutes - Title 15. Contracts Page 141

a. refusal to show the subject of a consumer transaction

advertised,

b. disparagement of the advertised subject of a consumer

transaction or the terms of sale,

c. requiring undisclosed tie-in sales or other

undisclosed conditions to be met prior to selling the

advertised subject of a consumer transaction,

d. refusal to take orders for the subject of a consumer

transaction advertised for delivery within a

reasonable time,

e. showing or demonstrating defective subject of a

consumer transaction which the seller knows is

unusable or impracticable for the purpose set forth in

the advertisement,

f. accepting a deposit for the subject of a consumer

transaction and subsequently charging the buyer for a

higher priced item, or

g. willful failure to make deliveries of the subject of a

consumer transaction within a reasonable time or to

make a refund therefor upon the request of the

purchaser;

14. Conducts a closing out sale without having first obtained a

license as required in the Oklahoma Consumer Protection Act;

15. Resumes the business for which the closing out sale was

conducted within thirty-six (36) months from the expiration date of

the closing out sale license;

16. Falsely states, knowingly or with reason to know, that

services, replacements or repairs are needed;

17. Violates any provision of the Oklahoma Health Spa Act;

18. Violates any provision of the Home Repair Fraud Act;

19. Violates any provision of the Consumer Disclosure of Prizes

and Gifts Act;

20. Violates any provision of Section 755.1 of this title or

Section 1847a of Title 21 of the Oklahoma Statutes;

21. Commits an unfair or deceptive trade practice as defined in

Section 752 of this title;

22. Violates any provision of Section 169.1 of Title 8 of the

Oklahoma Statutes in fraudulently or intentionally failing or

refusing to honor the contract to provide certain cemetery services

specified in the contract entered into pursuant to the Perpetual

Care Fund Act;

23. Misrepresents a mail solicitation as an invoice or as a

billing statement;

24. Offers to purchase a mineral or royalty interest through an

offer that resembles an oil and gas lease and that the consumer

believed was an oil and gas lease;

Oklahoma Statutes - Title 15. Contracts Page 142

25. Refuses to honor gift certificates, warranties, or any

other merchandise offered by a person in a consumer transaction

executed prior to the closing of the business of the person without

providing a purchaser a means of redeeming such merchandise or

ensuring the warranties offered will be honored by another person;

26. Knowingly causes a charge to be made by any billing method

to a consumer for services which the person knows was not authorized

in advance by the consumer;

27. Knowingly causes a charge to be made by any billing method

to a consumer for a product or products which the person knows was

not authorized in advance by the consumer;

28. Violates Section 752A of this title;

29. Makes deceptive use of another's name in notification or

solicitation, as defined in Section 752 of this title;

30. Falsely states or implies that any person, product or

service is recommended or endorsed by a named third person;

31. Falsely states that information about the consumer,

including but not limited to, the name, address or phone number of

the consumer has been provided by a third person, whether that

person is named or unnamed;

32. Acting as a debt collector, contacts a debtor and threatens

to file a suit against the debtor over a debt barred by the statute

of limitations which has passed for filing suit for such debt; or

33. Acting as a debt collector, contacts a debtor and uses

obscene or profane language to collect a debt.
Okla. Stat. tit. 15, § 15-568 — OK Code / Title 15 / Section 15-568
Organization of exchanges, boards of trade, and similar institutions - Rules and regulations
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 7institutions - Rules and regulations - Inspection of books.

There may be organized in any city in the State of Oklahoma

voluntary associations to be known as cotton exchanges, grain

exchanges, boards of trade or similar institutions to receive and

post quotations on cotton, grain, stocks, bonds and other

commodities for the benefit of its members and other persons engaged

in the production of cotton, grain and other commodities. Such

associations shall be composed of not less than forty (40) members

and shall adopt a uniform set of rules and regulations not

incompatible with the laws, as are usual for such associations. They

shall open their books to the inspection of proper courts and

officers of the law when required.
Okla. Stat. tit. 15, § 15-564 — OK Code / Title 15 / Section 15-564
Contract of sale - When invalid
Status: in_force

Any contract of sale for the future delivery of cotton, grain,

stocks or other commodities, which is to be settled according to or

upon the basis of the public market quotations or prices made on any

board of trade, exchange or similar institutions, upon which

contracts of sale for future delivery are executed and dealt in

without any actual bonifide execution and the carrying out or

discharge of such contracts upon the floor of such exchange, board

of trade, or similar institution in accordance with the rules

thereof, shall be null and void and unenforceable in any court of

this state, and no action shall lie thereon at the suit of any party

thereto.
Okla. Stat. tit. 15, § 15-240 — OK Code / Title 15 / Section 15-240
Duplicate, effect of altering or destroying
Status: in_force

Where a contract is executed in duplicate, an alteration or

destruction of one copy, while the other exists, is not within the

provisions of the last section.
Okla. Stat. tit. 15, § 15-776.6 — OK Code / Title 15 / Section 15-776.6
Commercial electronic messages – Violations
Status: in_force

A. It shall be a violation of this act and deemed a Class D1

felony offense for any person to transmit a commercial electronic

mail message that:

1. Falsifies electronic mail transmission information or other

routing information for the unsolicited commercial electronic

message; or

2. Contains false or misleading information in the subject

line.

B. It shall be a violation of this act and deemed a Class D1

felony offense for any person that sends a commercial electronic

mail message to use a third party’s Internet address or domain name

without the third party’s consent for the purpose of transmitting

electronic mail in a way that makes it appear that the third party

was the sender of such mail.

C. It shall be a violation of this act and deemed a Class D1

felony offense for any person that sends an unsolicited commercial

electronic mail message to fail to use the exact characters “ADV:”

as the first four characters in the subject line of an unsolicited

commercial electronic mail message.

D. It shall be a violation of this act and deemed a Class D1

felony offense for any person that sends an unsolicited commercial

electronic mail message containing sexually explicit material, or

advertising sexually explicit goods or services, to fail to use the

exact characters “ADV-ADULT:” as the first ten characters in the

subject line of such an unsolicited commercial electronic mail

message.

Oklahoma Statutes - Title 15. Contracts Page 182

E. It shall be a violation of this act and deemed a Class D1

felony offense for any person that sends an unsolicited commercial

electronic mail message to fail to provide a mechanism allowing

recipients to easily and at no cost remove themselves from the

sender’s electronic mail address lists so they are not included in

future mailings. A sender of an unsolicited commercial electronic

mail message shall remove the recipient from their electronic mail

message list if the sender receives an electronic mail message from

the recipient to the sender-operated return electronic mail address

that indicates anywhere in the subject line or text that the

recipient wants their name removed from the list of the sender.

F. Any person who violates the provisions of this section

shall, upon conviction, be guilty of a Class D1 felony offense and

shall be punished by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 15, § 15-2 — OK Code / Title 15 / Section 15-2
Requisites of a contract
Status: in_force

It is essential to the existence of a contract that there should

be:

1. Parties capable of contracting.

2. Their consent.

3. A lawful object; and,

4. Sufficient cause or consideration.
Okla. Stat. tit. 15, § 15-599.6 — OK Code / Title 15 / Section 15-599.6
Renumbered as Title 68, § 331 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-1014 — OK Code / Title 15 / Section 15-1014
Construction of power relating to claims and litigation
Status: in_force

CONSTRUCTION OF POWER RELATING TO CLAIMS AND LITIGATION

In a statutory power of attorney, the language with respect to

claims and litigation empowers the agent to:

1. Assert and prosecute before a court or administrative agency

a claim, a cause of action, counterclaim, offset, and defend against

an individual, a legal entity, or government, including suits to

recover property or other thing of value, to recover damages

sustained by the principal, to eliminate or modify tax liability, or

to seek an injunction, specific performance, or other relief;

2. Bring an action to determine adverse claims, intervene in

litigation, and act as amicus curiae;

3. In connection with litigation, procure an attachment,

garnishment, libel, order of arrest, or other preliminary,

provisional, or intermediate relief and use an available procedure

to effect or satisfy a judgment, order, or decree;

Oklahoma Statutes - Title 15. Contracts Page 231

4. In connection with litigation, perform any lawful act,

including acceptance of tender, offer of judgment, admission of

facts, submission of a controversy on an agreed statement of facts,

consent to examination before trial, and binding the principal in

litigation;

5. Submit to arbitration, settle, and propose or accept a

compromise with respect to a claim or litigation;

6. Waive the issuance and service of process upon the

principal, accept service of process, appear for the principal,

designate persons upon whom process directed to the principal may be

served, execute and file or deliver stipulations on the principal's

behalf, verify pleadings, seek appellate review, procure and give

surety and indemnity bonds, contract and pay for the preparation and

printing of records and briefs, receive and execute and file or

deliver a consent, waiver, release, confession of judgment,

satisfaction of judgment, notice, agreement, or other instrument in

connection with the prosecution, settlement, or defense of a claim

or litigation;

7. Act for the principal with respect to bankruptcy or

insolvency proceedings, whether voluntary or involuntary, concerning

the principal or some other person, with respect to a reorganization

proceeding, or a receivership or application for the appointment of

a receiver or trustee which affects an interest of the principal in

property or other thing of value; and

8. Pay a judgment against the principal or a settlement made in

connection with litigation and receive and conserve money, or other

thing of value paid in settlement of or as proceeds of a claim or

litigation.
Okla. Stat. tit. 15, § 15-241 — OK Code / Title 15 / Section 15-241
Restoration of thing unlawfully taken
Status: in_force

One who obtains a thing without the consent of its owner, or by

consent afterwards rescinded, or by an unlawful exaction which the

owner could not at the time prudently refuse, must restore it to the

person from whom it was thus obtained, unless he has acquired a

title thereto superior to that of such other person, or unless the

transaction was corrupt and unlawful on both sides.
Okla. Stat. tit. 15, § 15-305 — OK Code / Title 15 / Section 15-305
Title in loan for exchange - Expenses - Increase
Status: in_force

By a loan for exchange the title to the thing lent is

transferred to the borrower, and he must bear all its expenses, and

is entitled to all its increase.
Okla. Stat. tit. 15, § 15-599.4 — OK Code / Title 15 / Section 15-599.4
Renumbered as Title 68, § 329 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-21 — OK Code / Title 15 / Section 15-21
Disaffirmance of contracts authorized by statute
Status: in_force

A minor cannot disaffirm an obligation, otherwise valid, entered

into by him under the express authority or direction of a statute.
Okla. Stat. tit. 15, § 15-599.1 — OK Code / Title 15 / Section 15-599.1
Renumbered as Title 68, § 326 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-799A.3 — OK Code / Title 15 / Section 15-799A.3
Online marketplaces – High-volume seller information
Status: in_force

required.

A. Online marketplaces shall require that any high-volume

third-party seller on the online marketplace's platform provide the

online marketplace with the following information no later than ten

(10) calendar days after qualifying as a high-volume third-party

seller on the platform:

1. A bank account number, or, if the high-volume third-party

seller does not have a bank account, the name of the payee for

payments issued by the online marketplace to the high-volume third-

party seller. Such bank account or payee information may be

provided by the seller either:

a. to the online marketplace, or

b. to other third parties contracted by the online

marketplace to maintain such information, provided

that the online marketplace ensures that it can obtain

such information on demand from such other third

parties;

2. Contact information including:

a. if the high-volume third-party seller is an

individual, the individual's name, or

b. if the high-volume third-party seller is not an

individual, one of the following forms of contact

information:

(1) a copy of a valid government-issued

identification for an individual acting on behalf

of such seller that includes the individual's

name, or

(2) a copy of a valid government-issued record or tax

document that includes the business name and

physical address of such seller;

3. A business tax identification number or, if the high-volume

third-party seller does not have a business tax identification

number, a taxpayer identification number; and

4. A current working email address and phone number for the

high-volume third-party seller.

B. An online marketplace shall:

1. Periodically, but not less than annually, notify any high-

volume third-party seller on such online marketplace's platform of

the requirement to keep any information collected under subsection A

of this section current; and

2. Require any high-volume third-party seller on such online

marketplace's platform to, not later than ten (10) calendar days

after receiving the notice under paragraph 1 of this subsection,

electronically certify that:

Oklahoma Statutes - Title 15. Contracts Page 205

a. the high-volume third-party seller has provided any

changes to such information to the online marketplace,

if such changes have occurred,

b. there have been no changes to the high-volume third-

party seller's information, or

c. the high-volume third-party seller has provided any

changes to such information to the online marketplace.

C. In the event that a high-volume third-party seller does not

provide the information or certification required under this

paragraph, the online marketplace shall, after providing the seller

with written or electronic notice and an opportunity to provide such

information or certification not later than ten (10) calendar days

after the issuance of such notice, suspend any future sales activity

of such seller until such seller provides such information or

certification.

D. 1. The online marketplace shall:

a. verify the information collected under subsection A of

this section not later than ten (10) calendar days

after such collection, and

b. verify any change to such information not later than

ten (10) calendar days after being notified of such

change by a high-volume third-party seller under

subsection B of this section.

2. In the case of a high-volume third-party seller that

provides a copy of a valid government-issued tax document, any

information contained in such document shall be presumed to be

verified as of the date of issuance of such document.

E. Data collected solely to comply with the requirements of

this section may not be used for any other purpose unless required

by law.

F. An online marketplace shall implement and maintain

reasonable security procedures and practices including

administrative, physical, and technical safeguards, appropriate to

the nature of the data and the purposes for which the data will be

used, to protect the data collected to comply with the requirements

of this section from unauthorized use, disclosure, access,

destruction, or modification.
Okla. Stat. tit. 15, § 15-775A.3 — OK Code / Title 15 / Section 15-775A.3
Registration with Attorney General
Status: in_force

A. No commercial telephone seller shall conduct business in

this state without having registered with the Attorney General at

least ten (10) days prior to the conduct of such business.

Individual employees of the commercial telephone seller are not

required to register. A commercial telephone seller conducts

business in this state if the telephone solicitations of prospective

purchasers are made from locations in this state or solicitation is

made of prospective purchasers located in this state.

B. A registration shall be effective for one (1) year after the

date of filing with the Attorney General. Each application for

registration or renewal thereof shall be accompanied by a filing

fee, determined and collected by the Attorney General, but such

filing fee shall not exceed Two Hundred Fifty Dollars ($250.00) for

an application for registration or One Hundred Dollars ($100.00) for

an application for renewal. Any registration not renewed by the

commercial telephone seller by the anniversary date of the

registration shall lapse. If the registration lapses, the

commercial telemarketer must file another application accompanied by

a fee of Two Hundred Fifty Dollars ($250.00). All monies collected

under this subsection shall be placed to the credit of the Attorney

General's Revolving Fund created in Section 20 of Title 74 of the

Oklahoma Statutes.

C. Whenever, prior to expiration of a commercial telephone

seller's annual registration, there is a material change in the

information required by subsection E of this section, the seller

shall, within ten (10) days, file an addendum updating the

information with the Attorney General.

D. Each application for registration shall be in writing and

shall contain such information regarding the conduct of the

commercial telephone seller's business and the personnel conducting

the business as is required by law. The application shall be

submitted on a form provided by the Attorney General and shall be

verified by a declaration signed by each principal of the commercial

telephone seller under penalty of perjury. The declaration shall

specify the date and location of signing. The information submitted

pursuant to this section shall be available for public inspection.

E. Each application for registration or renewal pursuant to

this section shall contain the following information:

1. The name or names of the commercial telephone seller,

including all names under which the commercial telephone seller is

doing or intends to do business, if different from the name of the

seller, and the name of any parent or affiliated organization;

Oklahoma Statutes - Title 15. Contracts Page 165

2. The seller's business form and the date and place of

organization;

3. The complete street addresses of all locations from which

the commercial telephone seller is or will be conducting business,

including a designation of the seller's principal business location;

4. A listing of all telephone numbers, including pay-per-call

numbers, to be used by the commercial telephone seller;

5. The name, residential address, and position held by each

principal of the commercial telephone seller and the names,

residential addresses and positions of those persons who have

management responsibilities in connection with the commercial

telephone seller's business activities;

6. A description of the goods, services, property or extension

of credit the commercial telephone seller is offering for sale and a

copy of all sales scripts the commercial telephone seller requires

salespersons to use when soliciting prospective purchasers, or, if

no sales script is required to be used, a description of the sales

presentation;

7. All rules, regulations, terms, restrictions and conditions

to receiving any prize, bonus, award, gift or premium, if

applicable, including a description of each prize, bonus, award,

gift or premium, and the actual or approximate odds of a purchaser's

receiving such prize, bonus, award, gift or premium;

8. A copy or representative sample of all written materials the

seller sends to any purchaser; and

9. Such additional information regarding the conduct of the

commercial telephone seller's business and the personnel conducting

the business as may reasonably be required by the Attorney General.
Okla. Stat. tit. 15, § 15-112 — OK Code / Title 15 / Section 15-112
Amount of consideration where not specified
Status: in_force

When a contract does not determine the amount of the

consideration, nor the method by which it is to be ascertained, or

when it leaves the amount thereof to the discretion of an interested

party, the consideration must be as much money as the object of the

contract is reasonably worth.
Okla. Stat. tit. 15, § 15-786 — OK Code / Title 15 / Section 15-786
Identification cards - Ineligibility - Notice
Status: in_force

A. All persons enrolled in a third party prescription program

shall be issued an identification card by the administrator of the

program which shall be presented when obtaining services from a

pharmacy.

B. In the event that a person uses a program identification

card to obtain goods and services from a pharmacy when they are no

Oklahoma Statutes - Title 15. Contracts Page 192

longer eligible for prescription drug services, the administrator

shall make one good faith payment for one claim to a pharmacy.

C. Notification of a pharmacy of the ineligibility of a person

shall be given by indicating this on the payment voucher on which a

good faith payment has been made.
Okla. Stat. tit. 15, § 15-1005 — OK Code / Title 15 / Section 15-1005
Construction of power generally
Status: in_force

CONSTRUCTION OF POWER GENERALLY

By executing a statutory power of attorney with respect to a

subject listed in subsection A of Section 1 of this act, the

principal, except as limited or extended by the principal in the

power of attorney, empowers the agent, for that subject to:

1. Demand, receive, and obtain by litigation or otherwise,

money or other thing of value to which the principal is, may become,

or claims to be entitled and to conserve, invest, disburse, or use

anything so received for the purposes intended;

2. Contract in any manner with any person, on terms agreeable

to the agent, to accomplish a purpose of a transaction, and perform,

rescind, reform, release, or modify the contract or another contract

made by or on behalf of the principal;

3. Execute, acknowledge, seal, and deliver a deed, revocation,

mortgage, lease, notice, check, release, or other instrument the

agent considers desirable to accomplish a purpose of a transaction;

4. Prosecute, defend, submit to arbitration, settle, and

propose or accept a compromise with respect to, a claim existing in

favor of or against the principal or intervene in litigation

relating to the claim;

Oklahoma Statutes - Title 15. Contracts Page 224

5. Seek on the principal's behalf the assistance of a court to

carry out an act authorized by the power of attorney;

6. Engage, compensate, and discharge an attorney, accountant,

expert witness, or other assistant;

7. Keep appropriate records of each transaction, including an

accounting of receipts and disbursements;

8. Prepare, execute, and file a record, report, or other

document the agent considers desirable to safeguard or promote the

principal's interest under a statute or governmental regulation;

9. Reimburse the agent for expenditures properly made by the

agent in exercising the powers granted by the power of attorney; and

10. In general, do any other lawful act with respect to the

subject.
Okla. Stat. tit. 15, § 15-251 — OK Code / Title 15 / Section 15-251
Civil actions - Attorney fees
Status: in_force

Any person who is injured in his business or property by a

violation of this act or because he refuses to accede to a proposal

for an arrangement which, if consummated, would be in violation of

this act, may bring a civil action in a court of competent

jurisdiction in this state to enjoin further violations and to

recover the damages sustained by him together with the costs of the

suit, including a reasonable attorney's fee.
Okla. Stat. tit. 15, § 15-570 — OK Code / Title 15 / Section 15-570
Partial invalidity of act
Status: in_force

If any clause, sentence, paragraph or part of this act shall for

any reason be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the

clause, sentence or paragraph or part thereof directly involved in

the controversy, in which such judgment shall have been rendered;

and any contract valid under and satisfying the requirements of the

remaining clauses, sentences, paragraphs or parts of this act shall

be valid and enforceable in the courts of the State.
Okla. Stat. tit. 15, § 15-459 — OK Code / Title 15 / Section 15-459
Duties and liabilities of bailee rendering services
Status: in_force

The duties and liabilities of a bailee by whom services are

rendered or of whom services are required on the thing bailed are

subject to the general laws of the state, and may be regulated by

contract.
Okla. Stat. tit. 15, § 15-777.4 — OK Code / Title 15 / Section 15-777.4
Maximum permitted price or rate for sale, rent, or lease
Status: in_force

of goods, services, dwelling units, or storage space - Application

of section.

A. No person for the duration of a declaration of emergency by

the Governor of this state or by the President of the United States

and for thirty (30) days thereafter shall sell, rent, or lease, or

offer to sell, rent, or lease, for delivery in the emergency area,

any goods, services, dwelling units, or storage space in the

emergency area at a rate or price which is more than ten percent

(10%) above the rate or price charged by the person for the same or

similar goods, services, dwelling units, or storage spaces

immediately prior to the declaration of emergency unless the

increase in the rate or price is attributable:

1. To price increases in petroleum and natural gas commodity

markets; or

2. Only to factors unrelated to the emergency and does not

include any increase in profit to the seller or owner.

B. Upon the expiration of the period described in subsection A

of this section and for one hundred eighty (180) days thereafter, no

person shall, within the emergency area, rent or lease or offer to

rent or lease any dwelling unit or storage space or sell or offer to

sell goods for use within the emergency area to repair, restore,

remodel, or construct any dwelling unit for a price of more than ten

percent (10%) above the price charged by that person for the

dwelling unit, storage space, or goods immediately prior to the

declaration of emergency unless the increase in the price is

attributable to:

1. Price increases in petroleum and natural gas commodity

markets; or

2. Factors unrelated to the emergency and does not include any

increase in profit to the seller or owner.

C. A rate or price increase approved by the appropriate

governmental agency is not a violation of this act.

D. This section shall not apply to growers, producers, or

processors of raw or processed food products, except for retail

sales of such products to a consumer.

E. This section shall not apply to sales, rentals, or leases of

goods from a catalog when the catalog is made available in the

normal course of business both prior to and after the declaration of

emergency to all persons regardless of location in the emergency

area.

F. This section shall not apply to advertised rates and prices

which are subject to a published expiration date within or

immediately prior to the declaration of emergency.
Okla. Stat. tit. 15, § 15-799 — OK Code / Title 15 / Section 15-799
Enforcement of act
Status: in_force

Any violation of the Gift Certificate and Gift Card Disclosure

Act shall be enforced pursuant to the provisions of Section 761.1 of

Title 15 of the Oklahoma Statutes.
Okla. Stat. tit. 15, § 15-454 — OK Code / Title 15 / Section 15-454
Care of animals
Status: in_force

A bailee of living animals must provide them with suitable food

and shelter, and treat them kindly.
Okla. Stat. tit. 15, § 15-765.4 — OK Code / Title 15 / Section 15-765.4
Inspection and removal of mold
Status: in_force

Any person or entity that inspects houses for mold shall not

also render service for removing the mold; provided that, if the

total cost of the inspection and removal does not exceed Two Hundred

Dollars ($200.00), the consumer may consent to the inspection and

removal by the same person or entity.
Okla. Stat. tit. 15, § 15-220 — OK Code / Title 15 / Section 15-220
Restraint of marriage
Status: in_force

Every contract in restraint of the marriage of any person, other

than a minor, is void.
Okla. Stat. tit. 15, § 15-561 — OK Code / Title 15 / Section 15-561
"Contract of sale," "person," defined
Status: in_force

For the purpose of this Act, the term "contract of sale" shall

be held to include sales purchases, agreements of sale, agreements

to sell and agreements to purchase; that the word "person" wherever

used in this act shall be construed to import the plural or

singular, as the case demands, and shall include individuals,

associations, partnerships and corporations.
Okla. Stat. tit. 15, § 15-159 — OK Code / Title 15 / Section 15-159
Interpretation favors validity
Status: in_force

A contract must receive such an interpretation as will make it

lawful, operative, definite, reasonable and capable of being carried

into effect, if it can be done without violating the intention of

the parties.
Okla. Stat. tit. 15, § 15-501 — OK Code / Title 15 / Section 15-501
Liability and lien of keeper of an inn or boarding house
Status: in_force

An innkeeper or keeper of a boarding house is liable for all

losses of, or injuries to, personal property placed by his guests or

boarders under his care, unless occasioned by an irresistible

superhuman cause, by a public enemy, by the negligence of the owner,

or by the act of someone whom he brought into the inn or boarding

house, and upon such property the innkeeper or keeper of a boarding

house has a lien and a right of detention for the payment of such

amount as may be due him for lodging, fare, boarding, or other

Oklahoma Statutes - Title 15. Contracts Page 105

necessaries by such guest or boarder; and the said lien may be

enforced by a sale of the property in the manner prescribed for the

sale of pledged property.
Okla. Stat. tit. 15, § 15-141.14 — OK Code / Title 15 / Section 15-141.14
Annual financial statement filing - Fines
Status: in_force

A. In addition to the license fees provided in the Service

Warranty Act for service warranty associations each service warranty

association and insurer shall annually, on or before the first day

of May, file with the Insurance Commissioner its annual financial

statement as of a date not earlier than three hundred sixty-five

(365) days prior to the date submitted showing all gross written

provider fees or assessments received by it in connection with the

issuance of service warranties in this state during the preceding

calendar year and other relevant financial information as deemed

necessary by the Commissioner. The financial statements required by

this subsection must be:

1. Audited and prepared in accordance with statutory accounting

principles if the applicant complies with the requirements of

subsection A of Section 141.6 of this title; or

2. Verified under oath of at least two of its principal

officers and prepared in accordance with generally accepted

Oklahoma Statutes - Title 15. Contracts Page 48

accounting principles if the applicant utilizes an insurance policy

which satisfies the requirements of subsection B of Section 141.6 of

this title.

B. The Commissioner may levy a fine of up to One Hundred

Dollars ($100.00) a day for each day an association neglects to file

its financial statement in the form and within the time provided by

the Service Warranty Act.

C. In addition to the annual financial statements required to

be filed by subsection A of this section, the Commissioner may

require of licensees, under oath and in the form prescribed by the

Commissioner, quarterly statements or special reports which the

Commissioner deems necessary for the proper supervision of licensees

under the Service Warranty Act.

D. Provider fees and assessments received by associations and

insurers for service warranties shall not be subject to the premium

tax provided in Section 624 of Title 36 of the Oklahoma Statutes,

but shall be subject to an administrative fee of equal to two

percent (2%) of the gross provider fee received on the sale of all

service warranties issued in this state during the preceding

calendar quarter. The fees shall be paid quarterly to the Insurance

Commissioner. However, licensed associations, licensed insurers and

entities with applications for licensure as a service warranty

association pending with the Insurance Department that have

contractual liability insurance in place as of March 31, 2009, from

an insurer which satisfies the requirements of subsections B and C

of Section 141.6 of this title and which covers one hundred percent

(100%) of the claims exposure of the association or insurer on all

contracts written may elect to pay an annual administrative fee of

Three Thousand Dollars ($3,000.00) in lieu of the two-percent

administrative fee.
Okla. Stat. tit. 15, § 15-250A — OK Code / Title 15 / Section 15-250A
Supplemental provisions
Status: in_force

The provisions of the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act shall be supplemental to

any dealer agreement between the dealer and the supplier which

provides the dealer with greater protection. The dealer can elect

to pursue its contract remedy or the remedy provided by state law,

or both, and an election by the dealer to pursue such remedies shall

not bar its right to exercise any other remedies that may be granted

at law or in equity.

Oklahoma Statutes - Title 15. Contracts Page 88
Okla. Stat. tit. 15, § 15-781 — OK Code / Title 15 / Section 15-781
Short title
Status: in_force

Sections 1 through 9 of this act shall be known and may be cited

as the "Third Party Prescription Act".
Okla. Stat. tit. 15, § 15-131 — OK Code / Title 15 / Section 15-131
Contract express or implied
Status: in_force

A contract is either express or implied.
Okla. Stat. tit. 15, § 15-952 — OK Code / Title 15 / Section 15-952
Purpose
Status: in_force

The purpose of the Aftermarket Crash Parts Regulation Act is to

regulate the use of aftermarket crash parts by:

1. requiring disclosure when any use is proposed of an

aftermarket, non-original equipment manufacturer's crash part; and

2. requiring that the manufacturers of such aftermarket crash

parts be identified.
Okla. Stat. tit. 15, § 15-426 — OK Code / Title 15 / Section 15-426
Joint and separate liability
Status: in_force

One who indemnifies another against an act to be done by the

latter, is liable jointly with the person indemnified, and

separately to every person injured by such act.
Okla. Stat. tit. 15, § 15-777.5 — OK Code / Title 15 / Section 15-777.5
Violations
Status: in_force

Any violation of the provisions of this act is a violation of

the Oklahoma Consumer Protection Act.
Okla. Stat. tit. 15, § 15-691 — OK Code / Title 15 / Section 15-691
Definitions
Status: in_force

As used in Sections 1 through 4 of this act:

1. "Customer" means any individual or entity who causes or

caused a molder to fabricate, cast, or otherwise make a die, mold,

form, or pattern or who provides a molder with a die, mold, form, or

pattern to manufacture, assemble, cast, fabricate, or otherwise make

a product or products for a customer;

2. "Molder" means any individual or entity who fabricates,

casts, or otherwise makes or uses a die, mold, form, or pattern for

the purpose of manufacturing, assembling, casting, fabricating, or

otherwise making a product or products for a customer. A "molder"

includes, but is not limited to, a tool or die maker; and

3. "Within three (3) years following the last prior use" shall

be construed to include any period following the last prior use of a

die, mold, form, or pattern regardless of whether or not that period

precedes July 1, 1998.
Okla. Stat. tit. 15, § 15-158 — OK Code / Title 15 / Section 15-158
Several contracts taken as one
Status: in_force

Several contracts relating to the same matters, between the same

parties, and made as parts of substantially one transaction, are to

be taken together.
Okla. Stat. tit. 15, § 15-467 — OK Code / Title 15 / Section 15-467
Rate of compensation
Status: in_force

In the absence of a different agreement or usage, a bailee for

hire is entitled to one (1) week's compensation for the sustenance

and shelter of living animals during any fraction of a week, and to

half a month's compensation for the storage of any other property

during any fraction of a half month.
Okla. Stat. tit. 15, § 15-791.4 — OK Code / Title 15 / Section 15-791.4
Severability
Status: in_force

If any one or more provisions, sections, subsections, sentences,

clauses, phrases, or words of this act or the application thereof to

any person or circumstance is found to be unconstitutional, the same

is hereby declared to be severable and the balance of this act shall

remain effective notwithstanding such unconstitutionality. The

Legislature hereby declares that it would have this act, and each

provision, section, subsection, sentence, clause, phrase, or word

thereof, irrespective of the fact that any one or more provisions,

sections, subsections, sentences, clauses, phrases, or words be

declared unconstitutional.
Okla. Stat. tit. 15, § 15-141.26 — OK Code / Title 15 / Section 15-141.26
Unfair methods of competition and unfair or deceptive
Status: in_force

acts.

For purposes of the Service Warranty Act, the following methods,

acts, or practices are defined as unfair methods of competition and

unfair or deceptive acts or practices:

1. MISREPRESENTATION AND FALSE ADVERTISING OF SERVICE

WARRANTIES - Knowingly making, issuing, circulating, or causing to

be made, issued, or circulated, any estimate, illustration,

circular, statement, sales presentation, omission, or comparison

which:

a. misrepresents the benefits, advantages, conditions, or

terms of any service warranty contract,

b. is misleading or is a misrepresentation as to the

financial condition of any person,

c. uses any name or title of any contract misrepresenting

the true nature thereof,

d. is a misrepresentation for the purpose of inducing, or

tending to induce, the lapse, forfeiture, exchange,

conversion, or surrender of any service warranty

contract, or

e. is false, deceptive or misleading with respect to:

(1) the service warranty association's affiliation

with a motor vehicle manufacturer,

(2) the service warranty association's possession of

information regarding a motor vehicle owner's

current motor vehicle manufacturer's original

equipment warranty,

(3) the expiration of a motor vehicle owner's current

motor vehicle manufacturer's original equipment

warranty, or

(4) a requirement that a motor vehicle owner register

for a new service warranty with such provider in

order to maintain coverage under the motor

vehicle owner's current service warranty or

manufacturer's original equipment warranty;

2. FALSE INFORMATION AND ADVERTISING GENERALLY - Knowingly

making, publishing, disseminating, circulating, or placing before

Oklahoma Statutes - Title 15. Contracts Page 53

the public, or causing, directly or indirectly, to be made,

published, disseminated, circulated, or placed before the public:

a. in a newspaper, magazine, or other publication,

b. in the form of a notice, circular, pamphlet, letter,

or poster,

c. over any radio or television station, or

d. in any other way,

an advertisement, announcement, or statement containing any

assertion, representation, or statement with respect to the business

of service warranty, which assertion, representation, or statement

is untrue, deceptive, or misleading;

3. DEFAMATION - Knowingly making, publishing, disseminating, or

circulating, directly or indirectly, or aiding, abetting, or

encouraging the making, publishing, disseminating, or circulating

of, any oral or written statement, or any pamphlet, circular,

article, or literature, which is false or maliciously critical of,

or derogatory to, any person and which is calculated to injure such

person;

4. FALSE STATEMENTS AND ENTRIES - Knowingly:

a. filing with any supervisory or other public official,

b. making, publishing, disseminating, or circulating,

c. delivering to any person,

d. placing before the public, or

e. causing, directly or indirectly, to be made,

published, disseminated, circulated, delivered to any

person, or placed before the public, any false

statement, or

making any false entry of a material fact in any book,

report, or statement of any person;

5. UNFAIR CLAIM SETTLEMENT PRACTICES -

a. attempting to settle claims on the basis of an

application or any other material document which was

altered without notice to, or knowledge or consent of,

the warranty holder,

b. making a material misrepresentation to the warranty

holder for the purpose and with the intent of

effecting settlement of such claims, loss, or damage

under such contract on less favorable terms than those

provided in, and contemplated by, such contract, or

c. committing or performing with such frequency as to

indicate a general business practice any of the

following practices:

(1) failure properly to investigate claims,

(2) misrepresentation of pertinent facts or contract

provisions relating to coverages at issue,

(3) failure to acknowledge and act promptly upon

communications with respect to claims,

Oklahoma Statutes - Title 15. Contracts Page 54

(4) denial of claims without conducting reasonable

investigations based upon available information,

(5) failure to affirm or deny coverage of claims upon

written request of the warranty holder within a

reasonable time after proof-of-loss statements

have been completed, or

(6) failure to promptly provide a reasonable

explanation to the warranty holder of the basis

in the contract in relation to the facts or

applicable law for denial of a claim or for the

offer of a compromise settlement;

6. FAILURE TO MAINTAIN PROCEDURES FOR HANDLING COMPLAINTS -

Failing to maintain a record of each complaint received for a three-

year period after the date of the receipt of the written complaint;

7. DISCRIMINATORY REFUSAL TO ISSUE A CONTRACT - Refusing to

issue a contract solely because of an individual's race, color,

creed, marital status, sex, or national origin; and

8. FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO SALE -

Failing to provide a consumer with a complete sample copy of the

terms and conditions of the service warranty prior to the time of

sale upon a request for the same by the consumer. A service

warranty association may comply with the provisions of this

paragraph by providing the consumer with a sample copy of the terms

and conditions of the warranty contract or by directing the consumer

to a website that displays a complete sample of the terms and

conditions of the contract.
Okla. Stat. tit. 15, § 15-775C.6 — OK Code / Title 15 / Section 15-775C.6
Actions - Remedies
Status: in_force

A. A called party who is aggrieved by a violation of this act

may bring an action to:

1. Enjoin such violation; and

2. Recover actual damages or Five Hundred Dollars ($500.00),

whichever is greater.

B. If the court finds that the defendant willfully or knowingly

violated this act or rules adopted pursuant to this act, the court

may, in its discretion, increase the amount of the award to an

amount equal to not more than three times the amount available under

subsection A of this section.
Okla. Stat. tit. 15, § 15-686 — OK Code / Title 15 / Section 15-686
Financial requirements of invention developer
Status: in_force

A. Every invention developer rendering or offering to render

invention development services in this state shall maintain a bond

issued by a surety admitted to do business in this state, and equal

to either ten percent (10%) of the invention developer's gross

income from the invention development business in this state during

the invention developer's preceding fiscal year, or Twenty-five

Thousand Dollars ($25,000.00), whichever is larger. A copy of the

bond shall be approved by the Attorney General and filed with the

Secretary of State before the invention developer renders or offers

to render invention development services in this state. The

invention developer shall have ninety (90) days after the end of

each fiscal year within which to change the bond as may be necessary

to conform to the requirements of this subsection.

B. The bond required by subsection A of this section shall be

in favor of the State of Oklahoma for the benefit of any person who,

after entering into a contract for invention development services

with an invention developer, is damaged by fraud or dishonesty of

the invention developer in performance of the contract, by the

insolvency or the cessation of business by the invention developer

or by the intentional violation of the Invention Development

Services Act by the invention developer. Any person claiming

against the bond may maintain an action at law against the invention

developer and the surety company.

The aggregate liability of the surety company to all persons for

all breaches of conditions of the bond shall not exceed the amount

of the bond.

C. In lieu of the bond required by subsection A of this

section, the invention developer may deposit with the State

Treasurer a cash deposit in the like amount. The State Treasurer

shall not refund a deposit until sixty (60) days after either the

invention developer has ceased doing business in the state or a bond

has been filed which complies with subsections A and B of this

section.
Okla. Stat. tit. 15, § 15-787 — OK Code / Title 15 / Section 15-787
Payments
Status: in_force

A. No administrator of a third party prescription program shall

deny payment to a pharmacy for goods and services which may have

resulted from the fraudulent or illegal use of an identification

card by any person unless the pharmacy has been notified that the

card has been canceled or discontinued.

B. No administrator of a third party prescription program shall

withhold a payment to any pharmacy beyond the time period specified

in the payment schedule provisions of the agreement. Individual

claims for payment may be returned to the pharmacy if such claims

are incomplete or illegible. Such claims may be resubmitted by the

pharmacy to the administrator of the program after appropriate

corrections have been made.
Okla. Stat. tit. 15, § 15-303 — OK Code / Title 15 / Section 15-303
Loan for exchange
Status: in_force

A loan for exchange is a contract by which one delivers personal

property to another, and the latter agrees to return to the lender a

similar thing at a future time, without reward for its use.
Okla. Stat. tit. 15, § 15-263 — OK Code / Title 15 / Section 15-263
Loan presumes interest
Status: in_force

Whenever a loan of money is made, it is presumed to be made upon

interest, unless it is otherwise expressly stipulated at the time in

writing.
Okla. Stat. tit. 15, § 15-328 — OK Code / Title 15 / Section 15-328
Guaranty of solvency
Status: in_force

A guaranty to the effect that an obligation is good or

collectable imports that the debtor is solvent, and that the demand

is collectable by the usual legal proceedings, if taken with

reasonable diligence.
Okla. Stat. tit. 15, § 15-244 — OK Code / Title 15 / Section 15-244
Short title
Status: in_force

This act shall be known and may be cited as the “Fair Practices

of Equipment Manufacturers, Distributors, Wholesalers and Dealers

Act”.

Oklahoma Statutes - Title 15. Contracts Page 71
Okla. Stat. tit. 15, § 15-238 — OK Code / Title 15 / Section 15-238
Extinguishment by destruction or cancellation
Status: in_force

The destruction or cancellation of a written contract, or of the

signature of the parties liable thereon, with intent to extinguish

the obligation thereof, extinguishes it as to all the parties

consenting to the act.
Okla. Stat. tit. 15, § 15-324 — OK Code / Title 15 / Section 15-324
Guaranty must be in writing - Consideration need not be
Status: in_force

expressed.

Except as prescribed by the next section, a guaranty must be in

writing, and signed by the guarantor; but the writing need not

express a consideration.
Okla. Stat. tit. 15, § 15-599.16 — OK Code / Title 15 / Section 15-599.16
Renumbered as Title 68, § 340 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-775B.4 — OK Code / Title 15 / Section 15-775B.4
Notice of establishment of no-telemarketing-sales-call
Status: in_force

registry - Inclusion and removal of consumer names and numbers.

The Attorney General shall publicize notice to consumers of the

establishment of the no-telemarketing-sales-call registry and may

provide, upon request, explanatory information concerning the

provisions of the Telemarketer Restriction Act. Any consumer who

desires to be included in the listing shall notify the Attorney

General by calling a toll-free number provided by the Attorney

General, or in any other manner, and at such times, as the Attorney

General may prescribe, which may include notification via the

Internet. The number or numbers of a consumer listed in the

registry shall be removed from the registry either by the consumer

calling a toll-free number provided by the Attorney General or upon

written request by the consumer. The Attorney General shall

implement a procedure to verify a consumer request to be added or

removed from the registry. The Attorney General shall update the

registry not less than quarterly and shall make the registry

available to telemarketers by such means and for such fees as are

determined by the Attorney General pursuant to the Administrative

Procedures Act. The Attorney General is authorized to forward all

consumer requests to be included in the registry to the Federal

Trade Commission, Federal Communications Commission, or any other

agency of the federal government charged with the establishment and

maintenance of a nationwide registry of consumers who desire not to

receive unsolicited telemarketing sales calls or messages,

including, but not limited to, a cellular telephone text message.

Except as otherwise provided in the Telemarketer Restriction Act,

the registry is privileged and confidential and not subject to the

Oklahoma Open Records Act.
Okla. Stat. tit. 15, § 15-374 — OK Code / Title 15 / Section 15-374
Rules of interpretation
Status: in_force

In interpreting the terms of a contract of suretyship, the same

rules are to be observed as in the case of other contracts.
Okla. Stat. tit. 15, § 15-461 — OK Code / Title 15 / Section 15-461
Gratuitous bailment
Status: in_force

A gratuitous bailment is a bailment for which the bailee

receives no consideration beyond the mere possession of the thing

bailed.
Okla. Stat. tit. 15, § 15-676 — OK Code / Title 15 / Section 15-676
Definitions
Status: in_force

As used in the Sales Representatives Recognition Act:

1. "Commission" means compensation accruing to a person for

payment by another person, the rate of which is expressed as a

percentage of the dollar amount of orders, sales or profits;

2. "Principal" means any person who does not have a permanent

or fixed place of business in this state and who does all of the

following:

a. Engages in the business of manufacturing, producing,

importing or distributing one or more products for

sale to customers who purchase products for resale,

b. Utilizes one or more sales representatives to solicit

wholesale orders for those products, and

c. Compensates the sales representatives in whole or in

part by commission; and

3. "Sales representative" means a person who contracts with a

principal to solicit wholesale orders for a product within this

state and who is compensated, in whole or in part, by commission.

"Sales representative" does not include a person who places orders

for or purchases the product for his own account for resale, a

Oklahoma Statutes - Title 15. Contracts Page 125

person who is an employee of a principal, or a person who sells the

product to the ultimate consumer.
Okla. Stat. tit. 15, § 15-790 — OK Code / Title 15 / Section 15-790
Copyright owners and performing rights societies - Royalty
Status: in_force

contracts.

Oklahoma Statutes - Title 15. Contracts Page 193

A. As used in this section:

1. "Area" means a circular geographical region having a twenty-

five-mile radius surrounding the business location of a proprietor.

In the case of a proprietor with more than one business location,

there shall be a separate area for each location for the purposes of

this section;

2. "Copyright owner" means the owner of a copyright of a

nondramatic musical or similar work recognized and enforceable under

the copyright laws of the United States pursuant to Title 17 of the

United States Code, Pub. L. 94-553 (17 U.S.C., Section 101 et seq.).

"Copyright owner" shall not include the owner of a copyright in a

motion picture or audiovisual work, but shall include, but not be

limited to, the owner of a copyright in a karaoke machine or similar

device;

3. "Performing rights society" means an association or

corporation that licenses the public performance of nondramatic

musical works on behalf of copyright owners, such as the American

Society of Composers, Authors and Publishers (ASCAP), Broadcast

Music, Inc. (BMI), and SESAC, Inc.;

4. "Proprietor" means the owner of a retail establishment,

restaurant, inn, bar, tavern, sports or entertainment facility, or

any other similar place of business or professional office located

in this state in which the public may assemble and in which

nondramatic musical works or similar copyrighted works may be

performed, broadcast, or otherwise transmitted for the enjoyment of

the members of the public there assembled; and

5. "Royalty" or "royalties" means the fees payable to a

copyright owner or performing rights society for the public

performance of nondramatic musical or other similar work.

B. No copyright owner or performing rights society shall enter

into, or offer to enter into, a contract for the payment of

royalties by a proprietor unless at the time of the offer, or any

time thereafter, but no later than seventy-two (72) hours prior to

the execution of that contract, it provides to the proprietor, in

writing, the following:

1. A schedule of the rates and terms of royalties under the

contract; and

2. Annual notice, in a form prescribed by the Attorney General,

that the proprietor is entitled to the information contained in

paragraph 1 of this subsection.

C. Every contract for the payment of royalties executed in this

state shall:

1. Be in writing;

2. Be signed by the parties;

3. Contain a provision requiring notification of any rate

change thirty (30) days prior to expiration date of the contract;

and

Oklahoma Statutes - Title 15. Contracts Page 194

4. Include at least the following information:

a. the proprietor's name and business address and the

name and location of each place of business to which

the contract applies,

b. the duration of the contract, and

c. the schedule of rates and terms of the royalties to be

collected under the contract, including any sliding

scale or schedule for any increase or decrease of

those rates for the duration of the contract.

D. No performing rights society, or any agent or employee

thereof, shall:

1. Enter beyond the usual customer area of a proprietor's

business for the purpose of investigating as to the use of

copyrighted works by that proprietor or for the purpose of

discussing or inquiring about a contract for the payment of

royalties with the proprietor or employees of the proprietor,

without first presenting proper identification as an agent or

employee of a performing rights society to the proprietor or

employees of the proprietor and making known to them the purpose of

the investigation, discussion or inquiry;

2. Collect or attempt to collect a royalty payment or any other

fee, except as provided in a contract executed pursuant to the

provisions of this section;

3. Charge or collect a royalty which is unreasonable in

comparison to the royalties for similar licenses in the same area;

4. Engage in any coercive conduct, act or practice that is

substantially disruptive of a proprietor's business;

5. Use or attempt to use any unfair or deceptive act or

practice in negotiating with a proprietor; or

6. Fail to comply with or fulfill any obligations imposed by

this section.

E. Any person who violates any provision of this section shall

be liable to pay a penalty of not more than Two Thousand Five

Hundred Dollars ($2,500.00) for a first violation and a penalty of

not more than Ten Thousand Dollars ($10,000.00) for a second and

each subsequent offense. The penalty shall be collected and

enforced in the name of the state by the Attorney General in a court

of competent jurisdiction.

F. A proprietor may bring an action or assert a counterclaim in

a court of competent jurisdiction against a copyright owner or

performing rights society, or both, to enjoin any violation of this

act and to recover any damages sustained by the proprietor as a

result of a violation of this section. The proprietor may petition

the court to terminate a contract which violates the provisions of

this section, and the court in its discretion may void the contract.

If successful, the proprietor shall be entitled to recover damages

sustained by the proprietor, together with reasonable attorney fees,

Oklahoma Statutes - Title 15. Contracts Page 195

filing fees and reasonable costs of suit, in addition to any other

legal or equitable relief.

G. The rights, remedies and prohibitions accorded by the

provisions of this section shall be in addition to and cumulative of

any other right, remedy or prohibition accorded by common law,

federal law or the statutes of this state, and nothing contained in

this section shall be construed to deny, abrogate or impair any such

common law or statutory right, remedy or prohibition.

H. This section shall not apply to:

1. Contracts between copyright owners or performing rights

societies and broadcasters licensed by the Federal Communications

Commission, or to contracts with cable operators, programmers or

other transmission services. However, if a copyright owner or

performing rights society is licensed by the Federal Communications

Commission, this section shall apply to contracts between that

copyright owner or performing rights society and a proprietor as

otherwise provided;

2. Any conduct engaged in for the enforcement of Sections 1979

and 1980 of Title 21 of the Oklahoma Statutes; and

3. Any performing philharmonic.
Okla. Stat. tit. 15, § 15-56 — OK Code / Title 15 / Section 15-56
Menace defined - Threats
Status: in_force

Menace consists in a threat:

1. Of such duress as is specified in the first and third

subdivisions of the last section.

2. Of unlawful and violent injury to the person or property of

any such person as is specified in the last section; or,

3. Of injury to the character of any such person.
Okla. Stat. tit. 15, § 15-776.9 — OK Code / Title 15 / Section 15-776.9
Definitions
Status: in_force

As used in the Anti-Phishing Act:

1. "Electronic mail" means a message, file, or other

information that is transmitted through a local, regional, or global

computer network, regardless of whether the message, file, or other

information is viewed, stored for retrieval at a later time,

printed, or filtered by a computer program that is designed or

intended to filter or screen those items;

2. "Electronic mail address" means a destination, commonly

expressed as a string of characters, to which electronic mail may be

sent or delivered;

3. "Identifying information" means information that alone or in

conjunction with other information identifies an individual,

including but not limited to:

a. name, social security number, date of birth, and

government-issued identification number,

b. unique biometric data, including the fingerprint,

voice print, and retina or iris image of an

individual,

Oklahoma Statutes - Title 15. Contracts Page 184

c. unique electronic identification number, address, and

routing code, financial institution account number,

and

d. telecommunication identifying information or access

device;

4. "Internet domain name" refers to a globally unique,

hierarchical reference to an Internet host or service, assigned

through a centralized Internet naming authority and composed of a

series of character strings separated by periods with the right-most

string specifying the top of the hierarchy; and

5. "Web page" means a location that has a single uniform

resource locator (URL) with respect to the world wide web or another

location that can be accessed on the Internet.
Okla. Stat. tit. 15, § 15-910.4 — OK Code / Title 15 / Section 15-910.4
Receipt of new assistive device or refund - Actions
Status: in_force

required of consumer - Sale or lease of returned assistive devices.

A. To receive a comparable new assistive device or a refund due

under Section 4 of this act, a consumer shall offer to the

manufacturer of the assistive device having the nonconformity to

transfer possession of that assistive device to that manufacturer.

No later than thirty (30) days after that offer, the manufacturer

shall provide the consumer with the comparable assistive device or

Oklahoma Statutes - Title 15. Contracts Page 218

refund. When the manufacturer provides the new assistive device or

refund, the consumer shall return the assistive device having the

nonconformity to the manufacturer, along with any endorsements

necessary to transfer real possession to the manufacturer.

B. To receive a refund due under subsection B of Section 4 of

this act, a consumer described under subparagraph d of paragraph 5

of Section 2 of this act shall offer to return the assistive device

having the nonconformity to its manufacturer. No later than thirty

(30) days after that offer, the manufacturer shall provide the

refund to the consumer. When the manufacturer provides the refund,

the consumer shall return to the manufacturer the assistive device

having the nonconformity.

C. To receive a refund due under subsection B of Section 4 of

this act, an assistive device lessor shall offer to transfer

possession of the assistive device having the nonconformity to its

manufacturer. No later than thirty (30) days after that offer, the

manufacturer shall provide the refund to the assistive device

lessor. When the manufacturer provides the refund, the assistive

device lessor shall provide to the manufacturer any endorsements

necessary to transfer legal possession to the manufacturer.

D. No person shall enforce the lease against the consumer after

the consumer receives a refund due under subsection B of Section 4

of this act.

E. No assistive device returned by a consumer or assistive

device lessor in this state, or by a consumer or assistive device

lessor in another state under a similar law of that state, may be

sold or leased again in this state unless full disclosure of the

reasons for return is made to any prospective buyer or lessee.
Okla. Stat. tit. 15, § 15-598.8 — OK Code / Title 15 / Section 15-598.8
Determination of cost in case of sale outside ordinary
Status: in_force

channels of trade.

In establishing the cost of merchandise to the retailer or

wholesaler, the invoice cost of such merchandise purchased at a

forced, bankrupt, closeout sale, or other sale outside of the

ordinary channels of trade, may not be used as a basis for

justifying a price lower than one based upon the replacement cost of

the merchandise to the retailer or wholesaler, within thirty (30)

days prior to the date of sale, in the quantity last purchased

through the ordinary channels of trade.
Okla. Stat. tit. 15, § 15-141.2 — OK Code / Title 15 / Section 15-141.2
Definitions
Status: in_force

As used in the Service Warranty Act:

1. "Commissioner" means the Insurance Commissioner;

2. "Consumer product" means tangible personal property

primarily used for personal, family, or household purposes;

Oklahoma Statutes - Title 15. Contracts Page 34

3. "Department" means the Insurance Department;

4. "Gross income" means the total amount of revenue received in

connection with business-related activity;

5. "Gross written provider fee" means the total amount of

consideration, inclusive of commissions, paid by a consumer for a

service warranty issued in this state;

6. "Impaired" means having liabilities in excess of assets;

7. "Indemnify" means to undertake repair or replacement of a

consumer product or a newly constructed residential structure

including any appliances, electrical, plumbing, heating, cooling or

air conditioning systems, in return for the payment of a segregated

provider fee, when the consumer product or residential structure

becomes defective or suffers operational failure;

8. "Insolvent" means any actual or threatened delinquency

including, but not limited to, any one or more of the following

circumstances:

a. (1) for an association relying on subsection A of

Section 141.6 of this title, if the association's

total liabilities exceed the association's total

assets as calculated in accordance with statutory

accounting principles, or

(2) for an association relying on subsection B of

Section 141.6 of this title, if the association's

total liabilities exceed the association's total

assets as calculated in accordance with generally

accepted accounting principles,

b. the business of any such association is being

conducted fraudulently, or

c. the association has knowingly overvalued its assets;

9. "Insurer" means any property or casualty insurer duly

authorized to transact such business in this state;

10. "Motor vehicle ancillary service" includes any one or more

of the following services:

a. repair or replacement of tires and/or wheels on a

motor vehicle damaged as a result of coming into

contact with road hazards,

b. the removal of dents, dings or creases on a motor

vehicle that can be repaired using the process of

paintless dent removal without affecting the existing

paint finish and without replacement vehicle body

panels, sanding, bonding or painting,

c. the repair of chips or cracks in or the replacement of

motor vehicle windshields as a result of damage caused

by road hazards,

d. the replacement of a motor vehicle key or key fob in

the event that the key or key fob becomes inoperable

or is lost or stolen,

Oklahoma Statutes - Title 15. Contracts Page 35

e. payment to or services provided under the terms of an

ancillary protection product, or

f. other services which may be approved by the

Commissioner, if not inconsistent with other

provisions of this act.

A motor vehicle ancillary service does not include repair and/or

replacement of damage to the interior surfaces of a vehicle, or for

repair and/or replacement of damage to the exterior paint or finish

of a vehicle; however, such coverage may be offered in connection

with the sale of a motor vehicle ancillary protection product as

defined in this section;

11. "Motor vehicle ancillary protection product" or "ancillary

protection product" means a protective chemical substance, device or

system that:

a. is installed on or applied to a motor vehicle,

b. is designed to prevent loss or damage to a motor

vehicle from a specific cause, and

c. includes, within or as an accompaniment to a service

warranty, a written agreement that provides that, if

the ancillary protection product fails to prevent loss

or damage to a motor vehicle from a specific cause,

the provider will pay to or on behalf of the service

warranty holder specified incidental costs as a result

of the failure of the ancillary protection product to

perform pursuant to the terms of the ancillary

protection product warranty. The reimbursement of

incidental cost(s) promised under an ancillary

protection product warranty must be tied to the

purchase of a physical product that is formulated or

designed to make the specified loss or damage from a

specific cause less likely to occur.

For purposes of this section, the term ancillary protection

product shall include, but not be limited to, protective chemicals,

alarm systems, body-part-marking products, steering locks, window-

etch products, pedal and ignition locks, fuel and ignition kill

switches and electronic, radio or satellite tracking devices.

Ancillary protection product does not include fuel additives, oil

additives or other chemical products applied to the engine,

transmission, or fuel system of a motor vehicle;

12. "Net assets" means the amount by which the total assets of

an association exceed the total liabilities of the association;

13. "Person" includes an individual, company, corporation,

association, insurer, agent and any other legal entity;

14. "Provider fee" means the total consideration received or to

be received including sales commissions, by whatever name called, by

a service warranty association for, or related to, the issuance and

delivery of a service warranty including any charges designated as

Oklahoma Statutes - Title 15. Contracts Page 36

assessments or fees for membership, policy, survey, inspection, or

service or other charges. However, a repair charge is not a

provider fee unless it exceeds the usual and customary repair fee

charged by the association, provided the repair is made before the

issuance and delivery of the warranty;

15. "Road hazard" means a hazard that is encountered while

driving a motor vehicle and which may include, but not be limited

to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs

or composite scraps;

16. "Sales representative" means any person utilized by an

insurer or service warranty association for the purpose of selling

or issuing service warranties;

17. "Service warranty" means a contract or agreement for a

separately stated consideration for a specific duration to perform

the repair or replacement of property or indemnification for repair

or replacement for the operational or structural failure due to a

defect or failure in materials or workmanship, with or without

additional provision for incidental payment of indemnity under

limited circumstances including, but not limited to, failure due to

normal wear and tear, towing, rental and emergency road service,

road hazard, power surge, and accidental damage from handling or as

otherwise provided for in the contract or agreement. The term

"service warranty" includes a contract or agreement to provide one

or more motor vehicle ancillary service(s) as defined by this

section. However:

a. maintenance service contracts under the terms of which

there are no provisions for such indemnification are

expressly excluded from this definition,

b. those contracts issued solely by the manufacturer,

distributor, importer or seller of the product, or any

affiliate or subsidiary of the foregoing entities,

whereby such entity has contractual liability

insurance policies in place, from one or more insurers

licensed in the state, which collectively cover one

hundred percent (100%) of the claims exposure on all

contracts written without being predicated on the

failure to perform under such contracts, are expressly

excluded from this definition,

c. the term "service warranty" does not include service

contracts entered into between consumers and nonprofit

organizations or cooperatives the members of which

consist of condominium associations and condominium

owners, which contracts require the performance of

repairs and maintenance of appliances or maintenance

of the residential property,

d. the term "service warranty" does not include

warranties, guarantees, extended warranties, extended

Oklahoma Statutes - Title 15. Contracts Page 37

guarantees, contract agreements or any other service

contracts issued by a company which performs at least

seventy percent (70%) of the service work itself and

not through subcontractors, and which has been selling

and honoring such contracts in this state for at least

twenty (20) years,

e. the term "service warranty" does not include

warranties, guarantees, extended warranties, extended

guarantees, contract agreements or any other service

contracts, whether or not such service contracts

otherwise meet the definition of service warranty,

issued by a company which has net assets in excess of

One Hundred Million Dollars ($100,000,000.00). A

service warranty association may use the net assets of

a parent company to qualify under this section if the

net assets of the company issuing the policy total at

least Twenty-five Million Dollars ($25,000,000.00) and

the parent company maintains net assets of at least

Seventy-five Million Dollars ($75,000,000.00) not

including the net assets held by the service warranty

associations,

f. service warranties are not insurance in this state or

otherwise regulated under the Insurance Code,

g. motor service club contracts governed under Article 31

of Title 36 of the Oklahoma Statutes are expressly

excluded from this definition, and

h. home service contracts and home warranties governed

under Section 6750 et seq. of Title 36 of the Oklahoma

Statutes are expressly excluded from this definition;

18. "Service warranty association" or "association" means any

person, other than an authorized insurer, contractually obligated to

a service warranty holder under the terms of a service warranty;

provided, this term shall not mean any person engaged in the

business of erecting or otherwise constructing a new home;

19. "Warrantor" means any service warranty association engaged

in the sale of service warranties and deriving not more than fifty

percent (50%) of its gross income from the sale of service

warranties; and

20. "Warranty seller" means any service warranty association

engaged in the sale of service warranties and deriving more than

fifty percent (50%) of its gross income from the sale of service

warranties.
Okla. Stat. tit. 15, § 15-1016 — OK Code / Title 15 / Section 15-1016
Construction of power relating to benefits from social security, medicare, medicaid, or
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 11security, medicare, medicaid, or other governmental programs or

military service.

CONSTRUCTION OF POWER RELATING TO BENEFITS FROM

SOCIAL SECURITY, MEDICARE, MEDICAID, OR OTHER

GOVERNMENTAL PROGRAMS OR MILITARY SERVICE

In a statutory power of attorney, the language granting power

with respect to benefits from Social Security, Medicare, Medicaid or

other governmental programs, or civil or military service empowers

the agent to:

1. Execute vouchers in the name of the principal for allowances

and reimbursements payable by the United States or a foreign

government or by a state or subdivision of a state to the principal,

including allowances and reimbursements for transportation of the

individuals described in paragraph 1 of Section 15 of this act, and

for shipment of their household effects;

2. Take possession and order the removal and shipment of

property of the principal from a post, warehouse, depot, dock, or

other place of storage or safekeeping, either governmental or

private, and execute and deliver a release, voucher, receipt, bill

of lading, shipping ticket, certificate, or other instrument for

that purpose;

3. Prepare, file, and prosecute a claim of the principal to a

benefit or assistance, financial or otherwise, to which the

principal claims to be entitled, under a statute or governmental

regulation;

4. Prosecute, defend, submit to arbitration, settle, and

propose or accept a compromise with respect to any benefits the

principal may be entitled to receive; and

Oklahoma Statutes - Title 15. Contracts Page 233

5. Receive the financial proceeds of a claim of the type

described in this section, conserve, invest, disburse, or use

anything received for a lawful purpose.
Okla. Stat. tit. 15, § 15-768 — OK Code / Title 15 / Section 15-768
District attorney to receive copy of application -
Status: in_force

Objections - Grounds for denying application.

Upon receipt of an application, the clerk shall forward a copy

of the application to the district attorney of the same district the

Oklahoma Statutes - Title 15. Contracts Page 156

court clerk is located in who may cause an investigation as deemed

necessary for the facts contained therein. No license shall be

issued by the clerk before ten (10) days has elapsed from the filing

of the application within which period the district attorney may

file an objection to the application, setting forth one or more of

the following facts or circumstances, any one which shall be grounds

for denying the application for a license:

1. That the applicant has been granted more than one license

for a "closing out sale" within thirty-six (36) months preceding the

date of the filing of the application;

2. That the inventory includes goods, wares or merchandise on

consignment or purchased by the applicant or added to the stock in

contemplation of a closing out sale and for the purpose of selling

the same at such sale. For the purpose of this paragraph, any

unusual addition to the stock of goods, wares and merchandise made

within ninety (90) days prior to the filing of an application,

unless so stated and explained in the application, shall be prima

facie evidence that such addition was made in contemplation of a

closing out sale and for the purpose of selling such stock at the

sale;

3. That the applicant, in the ticketing of the goods, wares and

merchandise to be offered at the sale, has misrepresented the value

and original retail price of the goods; or

4. That any representation made in the application is false.
Okla. Stat. tit. 15, § 15-231 — OK Code / Title 15 / Section 15-231
Contract may be extinguished
Status: in_force

A contract may be extinguished in like manner with any other

obligation, and also in the manner prescribed by this article.
Okla. Stat. tit. 15, § 15-798.1 — OK Code / Title 15 / Section 15-798.1
Exemptions
Status: in_force

For the purposes of this act, the term “gift certificate” or

“gift card” shall not include any of the following:

1. Prepaid telephone calling cards that are purchased for

retail use;

2. Telephone calling cards that are provided on a promotional

basis; or

3. Any prepaid service arrangement.
Okla. Stat. tit. 15, § 15-465 — OK Code / Title 15 / Section 15-465
Bailment for hire
Status: in_force

A bailment not gratuitous is called a bailment for hire. The

bailee in such case is called a bailee for hire.
Okla. Stat. tit. 15, § 15-247 — OK Code / Title 15 / Section 15-247
Exemptions
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 86

The provisions of the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act shall not require the

repurchase from a dealer of:

1. Any repair part which is in a broken or damaged package;

provided, however, the supplier will be required to repurchase a

repair part in a broken or damaged package, for a repurchase price

that is equal to eighty-five percent (85%) of the current net parts

cost for the repair part, if the aggregate current net parts cost

for the entire package of repair parts is Seventy-five Dollars

($75.00) or higher;

2. Any repair part which because of its condition is not

resalable as a new part without repackaging or reconditioning;

3. Any inventory for which the dealer is unable to furnish

evidence, satisfactory to the supplier, of clear title free and

clear of all claims, liens and encumbrances unless such inventory

will be free and clear of all claims, liens and encumbrances

immediately upon payment by the supplier of amounts due herein to

such lien holders;

4. Any inventory which the dealer desires to keep, provided the

dealer has a contractual right to do so;

5. Any equipment or repair parts which are not in new, unsold,

undamaged, complete condition, subject, however, to the provisions

of this act relating to the demonstrators;

6. Any equipment delivered to the dealer prior to the beginning

of the thirty-six-month period immediately preceding the date of

notification of termination;

7. Any equipment or repair parts which were ordered by the

dealer on or after the date of notification of termination;

8. Any equipment or repair parts which were acquired by the

dealer from any source other than the supplier unless such equipment

or repair parts were ordered from, or invoiced to the dealer by, the

supplier; or

9. Any equipment or repair parts which are not returned to the

supplier within ninety (90) days after the later of:

a. the effective date of termination of a dealer

agreement, and

b. the date the dealer receives from the supplier all

information, documents or supporting materials

required by the supplier to comply with the supplier’s

return policy; provided, however, this paragraph will

not be applicable to a dealer if the supplier did not

give the dealer notice of the ninety-day deadline at

the time the applicable notice of termination was sent

to the dealer.
Okla. Stat. tit. 15, § 15-28 — OK Code / Title 15 / Section 15-28
Identity of parties to contract
Status: in_force

It is essential to the validity of the contract, not only that

the parties should exist, but that it should be possible to identify

them.
Okla. Stat. tit. 15, § 15-469 — OK Code / Title 15 / Section 15-469
Termination on payment of full compensation
Status: in_force

Notwithstanding an agreement respecting the length of time

during which a bailment is to continue, it may be terminated by the

bailor on paying all that would become due to the bailee in case of

the bailment so continuing.
Okla. Stat. tit. 15, § 15-754 — OK Code / Title 15 / Section 15-754
Exemptions
Status: in_force

Nothing in the Oklahoma Consumer Protection Act shall apply to:

1. Publishers, broadcasters, printers or other persons insofar

as an unlawful practice as defined in Section 753 of this title

Oklahoma Statutes - Title 15. Contracts Page 143

involves information that has been disseminated or reproduced on

behalf of others without knowledge that it is an unlawful practice;

2. Actions or transactions regulated under laws administered by

the Corporation Commission or any other regulatory body or officer

acting under statutory authority of this state or the United States,

or to acts done by retailers or other persons acting in good faith

on the basis of information or matter supplied by others and without

knowledge of the deceptive character of such information or matter;

and

3. The collection of monies denominated as gross receipts tax

on mixed beverages, sales tax or use tax, or asserted injuries or

damages that are monies that have been collected as, or denominated

as, gross receipts tax on mixed beverages, sales tax or use tax, and

which have been remitted to the Oklahoma Tax Commission or other

governmental taxing authority.
Okla. Stat. tit. 15, § 15-684 — OK Code / Title 15 / Section 15-684
Form and requisites of contract
Status: in_force

A contract for invention development services shall be in the

following form:

1. A contract for invention development services shall set

forth the information required in this section in at least 10-point

type;

2. The following disclosure statement shall be in boldface type

and shall be located conspicuously on a cover sheet that contains no

other writing:

"The following disclosures are required by law and are expressly

made a part of this contract: You have the right to cancel this

contract for any reason at any time within three (3) business days

from the date you and the invention developer sign the contract and

you receive a fully executed copy of it. To exercise this option

you may use certified mail or personally deliver to this invention

developer written notice of your cancellation. The method and time

for notification is set forth in this contract immediately above the

place for your signature. Upon cancellation, the invention

developer must return by certified mail or personal delivery, within

ten (10) business days after receipt of the cancellation notice, all

money paid and all materials provided either by you or by another

party in your behalf.

Unless the invention developer is a registered patent attorney

or registered patent agent, he is not permitted to give you legal

advice concerning patent, copyright or trademark law or to advise

you of whether your idea or invention may be patentable or may be

Oklahoma Statutes - Title 15. Contracts Page 129

protected under the patent, copyright or trademark laws of the

United States or any other law.

No patent, copyright or trademark protection will be acquired

for you by the invention developer or by this contract. Your

failure to inquire into the law governing patent, copyright or

trademark matters may jeopardize your rights in your idea or

invention both in the United States and in foreign countries. Your

failure to identify and investigate existing patents, trademarks or

registered copyrights may place you in jeopardy of infringing the

copyrights, patent or trademark rights of other persons if you

proceed to make, use, distribute or sell your idea or invention.";

3. The contract shall describe fully and in detail the acts or

services that the invention developer contracts to perform for the

customer;

4. The contract shall state whether the invention developer

contracts to construct one or more prototypes, models or devices

embodying the invention of the customer, the number of such

prototypes to be constructed and whether the invention developer

contracts to sell or distribute such prototypes, models or devices;

5. If an oral or written estimate of customer earning is made,

the contract shall state the estimate and the data upon which it is

based;

6. In a single statement the contract shall set forth both:

a. the total number of customers who have contracted with

the invention developer, except that the number need

not reflect those customers who have contracted within

the last thirty (30) days, and

b. the number of customers who have received, by virtue

of the invention developer's performance of invention

development services, an amount of money in excess of

the amount of money paid by such customers to the

invention developer pursuant to a contract for

invention development services;

7. The contract shall state the expected date of completion of

the invention development services;

8. The contract shall state whether and the extent to which it

effectuates or makes possible the purchase by the invention

developer of an interest in the title to the invention of the

customer;

9. The contract shall explain that the invention developer is

required to maintain all records and correspondence relating to

performance of the invention development services for that customer

for a period not less than three (3) years after expiration of the

term of the contract for invention development services;

10. The contract shall state that the records and

correspondence required to be maintained pursuant to Section 9 of

this act shall be made available to the customer or his

Oklahoma Statutes - Title 15. Contracts Page 130

representative for review and copying at the expense of the customer

on the premises of the invention developer during normal business

hours upon seven (7) days' written notice, the time period to begin

from the date the notice is sent by certified mail;

11. The contract shall state the name of the person or firm

contracting to perform the invention development services, all names

under which said person or firm is doing or has done business as an

invention developer during the previous ten (10) years, the names of

all parent and subsidiary companies to the firm and the names of all

companies that have a contractual obligation to the firm to perform

invention development services; and

12. The contract shall state the principal business address of

the invention developer and the name and address of its agent in

this state authorized to receive service of process in this state.
Okla. Stat. tit. 15, § 15-31 — OK Code / Title 15 / Section 15-31
Uniform Minor Student Capacity to Borrow Act
Status: in_force

This act may be cited as the Uniform Minor Student Capacity to

Borrow Act.
Okla. Stat. tit. 15, § 15-248 — OK Code / Title 15 / Section 15-248
Remedies
Status: in_force

If any supplier violates any provision of this act, a dealer may

bring an action against such supplier in a court of competent

jurisdiction for damages sustained by the dealer as a consequence of

the supplier’s violation, including, but not limited to, damages for

lost profits, together with the actual costs of the action,

including the dealer’s attorney and paralegal fees and costs of

arbitrators, and the dealer also may be granted injunctive relief

against unlawful termination. The remedies set forth in this

section shall not be deemed exclusive and shall be in addition to

any other remedies permitted by law.
Okla. Stat. tit. 15, § 15-385 — OK Code / Title 15 / Section 15-385
Creditor entitled to all securities
Status: in_force

A creditor is entitled to the benefit of everything which a

surety has received from the debtor by way of security for the

performance of the obligation, and may, upon the maturity of the

obligation, compel the application of such security to its

satisfaction.
Okla. Stat. tit. 15, § 15-652 — OK Code / Title 15 / Section 15-652
Definitions
Status: in_force

The following words, terms and phrases shall, except where the

context clearly indicates a different meaning have, when used in

this act, the following meanings:

(a) "Person" - Any individual, firm, partnership, corporation,

or other organization;

(b) "Employer" - Any person for whom, under whose direction, or

in whose interest others perform labor or service;

(c) "Sale or sell" - Any sale, contract of sale, offer of sale,

or advertisement thereof;

(d) "Wholesale sale" - A wholesale sale is a sale for the

purpose of resale in the ordinary course of business;

(e) "Retail sale" - Any sale other than a wholesale sale as

herein defined;

(f) "Wholesaler" - A person, a substantial portion of whose

sales are made to retailers for the purpose of resale to consumers;

(g) "Wholesale price" - The price normally paid by a retailer to

a wholesaler for the purpose of resale to consumers at a profit.
Okla. Stat. tit. 15, § 15-20 — OK Code / Title 15 / Section 15-20
Necessaries - What contracts may not be disaffirmed
Status: in_force

A minor cannot disaffirm a contract, otherwise valid, to pay the

reasonable value of things necessary for his support, or that of his

family, entered into by him when not under the care of a parent or

guardian able to provide for him or them.
Okla. Stat. tit. 15, § 15-297 — OK Code / Title 15 / Section 15-297
Uses limited
Status: in_force

The borrower of a thing for use may use it for such purposes only as

the lender might reasonably anticipate at the time of lending.
Okla. Stat. tit. 15, § 15-108 — OK Code / Title 15 / Section 15-108
Consideration must be lawful
Status: in_force

The consideration of a contract must be lawful.
Okla. Stat. tit. 15, § 15-262 — OK Code / Title 15 / Section 15-262
Repayment must be made in current funds
Status: in_force

Except when the parties otherwise expressly agree in writing, a

borrower of money must pay the amount due in such money as is

current at the time when the loan becomes due, whether such money is

worth more or less than the actual money lent.

R.L. 1910, § 1000. Amended by Laws 1996, c. 56, § 29, emerg. eff.

April 8, 1996.
Okla. Stat. tit. 15, § 15-341 — OK Code / Title 15 / Section 15-341
Partial satisfaction as reducing guarantor's obligation
Status: in_force

The acceptance, by a creditor, of anything in partial

satisfaction of an obligation, reduces the obligation of a guarantor

thereof, in the same measure as that of a principal, but does not

otherwise affect it.
Okla. Stat. tit. 15, § 15-245A — OK Code / Title 15 / Section 15-245A
Prohibited acts
Status: in_force

It shall be a violation of the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act for a

supplier to take any one or more of the following actions:

1. To coerce, compel or require any dealer to accept delivery

of any equipment or repair parts which the dealer has not

voluntarily ordered, except as required by any applicable law or

unless such equipment or repair parts are safety features required

by a supplier;

2. To require any dealer to purchase goods or services as a

condition to the sale by the supplier to the dealer of any

equipment, repair parts or other goods or services, provided that

nothing herein shall prohibit a supplier from requiring the dealer

to purchase all repair parts, special tools and training reasonably

necessary to maintain the safe operation or quality of operation in

the field of any equipment offered for sale by the dealer;

3. To prevent a dealer from being a party to a dealer agreement

or holding an investment in a person that is a party to such a

dealer agreement, that authorizes the dealer to sell competing

product lines or makes of equipment or prevents a dealer from

performing the dealer’s obligations under such dealer agreement, or

to require a dealer to provide separate facilities for competing

product lines or makes of equipment. If a dealer purchased

Oklahoma Statutes - Title 15. Contracts Page 76

equipment from a supplier constituting eighty percent (80%) of the

dealer’s new equipment, calculated on the basis of net equipment

cost, at all retail sales facilities operated by such dealer and the

total annual sales volume of equipment acquired from such supplier

exceeds Forty Million Dollars ($40,000,000.00), subject to

adjustment after the effective date of this act on the same basis as

calculated in subparagraph b of paragraph 16 of Section 245 of this

title for single-line dealers, at such retail sales facilities for

the five (5) calendar years immediately preceding the applicable

determination date, then it shall not be a violation of this section

to the extent the dealer is prevented from selling major competing

product lines or makes of equipment at such retail sales facilities

of the dealer authorized to sell new equipment acquired from the

supplier seeking to impose the restriction on sales of major

competing product lines or makes of equipment;

4. To refuse to deliver in reasonable quantities and within a

reasonable time, after receipt of the dealer’s order, to any dealer

having a dealer agreement for the retail sale of new equipment sold

or distributed by such supplier, equipment covered by such dealer

agreement specifically advertised or represented by such supplier to

be available for immediate delivery. The failure to deliver any

such equipment will not be considered a violation of the Fair

Practices of Equipment Manufacturers, Distributors, Wholesalers and

Dealers Act if such failure is due to prudent and reasonable

restrictions on extensions of credit by the supplier to the dealer,

an act of nature, work stoppage or delay due to a strike or labor

difficulty, a bona fide shortage of materials, freight embargo, or

other cause over which the supplier has no control or a business

decision by the supplier to limit the production volume of the

equipment;

5. To discriminate, directly or indirectly, in filling an order

placed by a dealer for retail sale or lease of new equipment under a

dealer agreement as between dealers of the same product line;

6. To discriminate, directly or indirectly, in price between

different dealers with respect to purchases of equipment or repair

parts of like grade and quality and identical brand, where the

effect of such discrimination may be to substantially lessen

competition, tend to create a monopoly in any line of commerce, or

injure, destroy or prevent competition with any dealer who either

grants or knowingly receives the benefit of such discrimination;

provided, however, different prices may be charged if:

a. such differences are due to differences in the cost of

manufacture, sale or delivery of the equipment or

repair parts,

b. the supplier can show that its lower price was made in

good faith to meet an equally low price of a

competitor, or

Oklahoma Statutes - Title 15. Contracts Page 77

c. such differences are related to the volume of

equipment purchased by dealers or market share

obtained by dealers;

7. To prevent by contract or otherwise, any dealer from

changing its capital structure or the means by or through which the

dealer finances its operations, so long as the dealer gives prior

notice to the supplier, and provided the dealer at all times meets

any reasonable capital standards required by the supplier pursuant

to a right granted in the dealer agreement and imposed on similarly

situated dealers; and

8. To require a dealer to assent to a release, assignment,

novation, waiver, or estoppel which would relieve any person from

liability imposed by the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act.
Okla. Stat. tit. 15, § 15-775B.2 — OK Code / Title 15 / Section 15-775B.2
Definitions
Status: in_force

As used in the Telemarketer Restriction Act:

1. "Commercial purposes" means relating to the sale or offer

for sale of goods or services. “Commercial purposes” does not mean

solicitation of funds or other support for a charitable or religious

activity; political candidate, cause, or organization; or any

activity of a not-for-profit entity organized pursuant to Section

501(c)(3) of the Internal Revenue Code;

2. "Consumer" means any natural person who is a resident of

this state and shall not include any business association,

Oklahoma Statutes - Title 15. Contracts Page 168

partnership, firm, corporation, and its affiliates or subsidiaries,

or other business entity;

3. “Established business relationship” means a prior

relationship formed within the preceding twenty-four (24) months or

an existing relationship formed by a voluntary two-way communication

between a person or entity and a residential subscriber with or

without an exchange of consideration, on the basis of an inquiry,

application, purchase or transaction by the residential subscriber

regarding products or services offered by such person or entity,

which relationship has not been previously terminated by either

party;

4. "Person" means any natural person, association, partnership,

firm, corporation and its affiliates or subsidiaries, or other

business entity;

5. "Telemarketer" means any person who, for commercial

purposes, initiates a telemarketing sales call or message,

including, but not limited to, a cellular telephone text message,

to a consumer located in this state or any person who directly

controls or supervises the conduct of a telemarketer; and

6. "Telemarketing" means any plan, program, or campaign which

is conducted for commercial purposes, by use of one or more

telephones or electronic messaging devices and which involves a

telephone call or message, including, but not limited to, a cellular

telephone text message, initiated by a telemarketer to a consumer

located within this state at the time of the call or message;

“telemarketing” may include use of random dialing or other devices

for such purposes and use of recorded or simulated voices or

automated electronic text messages delivery devices. “Telemarketing”

does not include a telephone call which is made for the sole purpose

of arranging a subsequent face–to-face meeting between a salesperson

and the consumer.
Okla. Stat. tit. 15, § 15-677 — OK Code / Title 15 / Section 15-677
Commission - Time when due
Status: in_force

For purposes of the Sales Representatives Recognition Act, the

time at which a commission is due to a sales representative shall be

determined in the following manner:

1. If the contract between the principal and the sales

representative is in writing and its terms unambiguously and clearly

specify when the commission is due, the terms of the contract shall

control the determination;

2. If the contract between the principal and the sales

representative is not in writing, or if the contract between them is

in writing but its terms do not specify when the commission is due

or its terms are ambiguous or unclear, the past practice used by the

principal and the sales representative shall control the

determination; or

3. If neither paragraph 1 or 2 of this section can be used to

clearly ascertain when a commission is due, the custom and usage

prevalent in this state for the industry of the principal and sales

representative shall control the determination.
Okla. Stat. tit. 15, § 15-517 — OK Code / Title 15 / Section 15-517
Manner of sale
Status: in_force

A sale under the provisions of the last section must be made in

the same manner as the sale of a thing pledged.
Okla. Stat. tit. 15, § 15-322 — OK Code / Title 15 / Section 15-322
Consent of principal unnecessary
Status: in_force

A person may become guarantor even without the knowledge or

consent of the principal.
Okla. Stat. tit. 15, § 15-141.32 — OK Code / Title 15 / Section 15-141.32
Privileged and confidential records
Status: in_force

All active examination or investigatory records of the Insurance

Commissioner made or received pursuant to the Service Warranty Act

shall be deemed privileged and confidential and are not subject to

public inspection for so long as is reasonably necessary to complete

the examination or investigation, except for records which would

otherwise be public records.
Okla. Stat. tit. 15, § 15-598.6 — OK Code / Title 15 / Section 15-598.6
Exempted sales
Status: in_force

The provisions of the Unfair Sales Act shall not apply to the

following sales at retail or sales at wholesale:

1. Where seasonable merchandise is sold in bona fide clearance

sales, if advertised, marked, and sold as such;

2. Where perishable merchandise must be sold promptly in order

to forestall loss;

3. Where merchandise is imperfect or damaged or is being

discontinued and is advertised, marked and sold as such;

Oklahoma Statutes - Title 15. Contracts Page 118

4. Where merchandise is sold upon the final liquidation of any

business;

5. Where merchandise is sold for charitable purposes or to

relief agencies;

6. Where merchandise is sold on contract to departments of the

government or governmental institutions;

7. Where merchandise is sold by any officer acting under the

order or direction of any court;

8. Where merchandise is sold at any bona fide auction sale; and

9. Where a particular item of merchandise corresponding to a

unique identifier is sold at below cost for fifteen (15) or fewer

sequential days and where such single-day or multi-day sale does not

occur more than ten (10) separate times in any twelve-month period.

This exemption shall not apply to:

a. gasoline and diesel fuel,

b. legend drug products,

c. food and nonalcoholic beverages sold for off-premise

use or consumption,

d. household soaps and detergents,

e. health and beauty aids,

f. over-the-counter medicines, vitamins, and health

products, excluding exercise equipment and durable

medical products,

g. pet food and pet supplies,

h. paper and plastic goods,

i. household cleaning agents and cleaning supplies,

j. baby supplies directly related to nutrition and food

preservation, consumption and disposal, including

disposable diapers,

k. low-point beer, as defined in paragraph 1 of Section

163.2 of Title 37 of the Oklahoma Statutes, sold for

off-premise use or consumption, and

l. structural building materials, including but not

limited to lumber and lumber composites, engineered

wood products, structural wood panels, roofing,

guttering, siding, drywall, insulation, flooring,

windows, doors and plumbing elements.
Okla. Stat. tit. 15, § 15-334 — OK Code / Title 15 / Section 15-334
Limitation of guarantor's obligation
Status: in_force

The obligation of a guarantor must be neither larger in amount,

nor in other respects more burdensome than that of the principal;

and if, in its terms, it exceeds it, it is reducible in proportion

to the principal obligation.
Okla. Stat. tit. 15, § 15-599.11 — OK Code / Title 15 / Section 15-599.11
Renumbered as Title 68, § 336 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-775B.3 — OK Code / Title 15 / Section 15-775B.3
Registry of consumers not desiring unsolicited
Status: in_force

telemarketing calls.

The Attorney General shall establish, and thereafter maintain, a

statewide registry which shall contain a list of consumers who

desire not to receive unsolicited telemarketing sales calls or

messages, including, but not limited to, a cellular telephone text

message. The Attorney General may, pursuant to The Oklahoma Central

Purchasing Act, contract with a private vendor to establish and

maintain the registry.
Okla. Stat. tit. 15, § 15-26 — OK Code / Title 15 / Section 15-26
Exemplary damages, minors' and incompetents' liability for
Status: in_force

A minor or person of unsound mind cannot be subjected to

exemplary damages, unless at the time of the act he was capable of

knowing that it was wrongful.
Okla. Stat. tit. 15, § 15-141.9 — OK Code / Title 15 / Section 15-141.9
Revocation or suspension of license
Status: in_force

A. The license of any service warranty association may be

revoked or suspended, or the Insurance Commissioner may refuse to

renew any such license, if it is determined that the association has

violated any lawful rule or order of the Commissioner or any

provision of the Service Warranty Act, or if the association is

determined to be insolvent or impaired.

B. The license of any service warranty association shall be

suspended or revoked if it is determined that such association:

1. Is in any condition as would render its further transaction

of service warranties in this state hazardous or injurious to its

warranty holders or to the public;

2. Has refused to be examined or to produce its accounts,

records, and files for examination, or if any of its officers have

refused to give information with respect to its affairs or have

refused to perform any other legal obligation as to such

examination, when required by the Commissioner;

3. Has failed to pay any final judgment rendered against it in

this state within sixty (60) days after the judgment became final;

4. Has, without just cause, refused to pay proper claims

arising under its service warranties or, without just cause, has

compelled warranty holders to accept less than the amount due them,

or to employ attorneys, or to bring suit against the association to

secure full payment or settlement of such claims;

5. Is affiliated with and under the same general management or

interlocking directorate or ownership as another service warranty

association which transacts direct warranties in this state without

having a license; or

6. Is using such methods or practices in the conduct of its

business as would render its further transaction of service

warranties in this state hazardous or injurious to its warranty

holders or to the public.

C. The Commissioner may at his or her discretion and without

advance notice or hearing immediately suspend the license of any

Oklahoma Statutes - Title 15. Contracts Page 44

service warranty association if the Commissioner finds that one or

more of the following circumstances exist:

1. The association is insolvent or impaired;

2. The reserve account required by the Service Warranty Act is

not being maintained;

3. A proceeding for receivership, conservatorship

rehabilitation or any other delinquency proceeding regarding the

association has been commenced in any state; or

4. The financial condition or business practices of the

association otherwise pose an imminent threat to the public health,

safety, or welfare of the residents of this state.

D. A violation of the Service Warranty Act by an insurer is

grounds for suspension or revocation of the insurer's certificate of

authority in this state.
Okla. Stat. tit. 15, § 15-135 — OK Code / Title 15 / Section 15-135
Writing prevented by fraud - Enforcement against
Status: in_force

fraudulent party.

Where a contract, which is required by law to be in writing, is

prevented from being put into writing by the fraud of a party

thereto, any other party who is by such fraud led to believe that it

is in writing, and acts upon such belief to his prejudice, may

enforce it against the fraudulent party.
Okla. Stat. tit. 15, § 15-443 — OK Code / Title 15 / Section 15-443
Involuntary bailments
Status: in_force

An involuntary bailment is made:

First. By the accidental leaving or placing of personal

property in the possession of any person, without negligence on the

part of its owner; or,

Second. In cases of fire, shipwreck, inundation, insurrection,

riot, or like extraordinary emergencies, by the owner of personal

property committing it, out of necessity, to the care of any person.
Okla. Stat. tit. 15, § 15-422 — OK Code / Title 15 / Section 15-422
Indemnity against unlawful act void
Status: in_force

An agreement to indemnify a person against an act thereafter to

be done is void if the act be known by such person at the time of

doing it to be unlawful.
Okla. Stat. tit. 15, § 15-427 — OK Code / Title 15 / Section 15-427
Rules for interpretation
Status: in_force

In the interpretation of a contract of indemnity, the following

rules are to be applied, unless a contrary intention appears:

1. Upon an indemnity against liability, expressly, or in other

equivalent terms, the person indemnified is entitled to recover upon

becoming liable.

2. Upon an indemnity against claims or demands, or damages or

costs, expressly, or in other equivalent terms, the person

indemnified is not entitled to recover without payment thereof.

3. An indemnity against claims or demands, or liability,

expressly or in other equivalent terms, embraces the costs of

defense against such claims, demands or liability incurred in good

faith, and in the exercise of reasonable discretion.

4. The person indemnifying is bound, on request of the person

indemnified, to defend actions or proceedings brought against the

latter in respect to the matters embraced by the indemnity; but the

person indemnified has the right to conduct such defense, if he

chooses to do so.

5. If, after request, the person indemnifying neglects to

defend the person indemnified, a recovery against the latter,

suffered by him in good faith, is conclusive in his favor against

the former.

6. If the person indemnifying, whether he is a principal or a

surety in the agreement, has not reasonable notice of the action of

proceedings against the person indemnified, or is not allowed to

control its defense, judgment against the latter is only presumptive

evidence against the former.

7. A stipulation that a judgment against the person indemnified

shall be conclusive upon the person indemnifying, is applicable if

he had a good defense upon the merits, which, by want of ordinary

care, he failed to establish in the action.
Okla. Stat. tit. 15, § 15-441 — OK Code / Title 15 / Section 15-441
Classes of bailments
Status: in_force

A bailment may be voluntary or involuntary; and for safekeeping

or exchange.
Okla. Stat. tit. 15, § 15-75 — OK Code / Title 15 / Section 15-75
Acceptance of benefit includes obligations
Status: in_force

A voluntary acceptance of the benefit of a transaction is

equivalent to a consent to all the obligations arising from it so

far as the facts are known, or ought to be known to the person

accepting.

R.L. 1910, Sec. 920.
Okla. Stat. tit. 15, § 15-138 — OK Code / Title 15 / Section 15-138
Delivery, contract takes effect on
Status: in_force

A contract in writing takes effect upon its delivery to the

party in whose favor it is made, or to his agent.
Okla. Stat. tit. 15, § 15-769 — OK Code / Title 15 / Section 15-769
Issuance of license - Conditions on sale
Status: in_force

If it appears to the clerk that all the statements in the

application are true, that the proposed sale is of the character

represented therein, that the application is in full compliance with

the terms and conditions of the Oklahoma Consumer Protection Act,

that the required license fee has been paid, and that the ten-day

waiting period has expired with no objections from the district

attorney, the clerk shall issue a license to the applicant

authorizing the advertising and conducting of the sale as described

in the application, subject to the following conditions:

1. Only the goods, wares, and merchandise included in the

inventory attached to the application shall be sold at the sale;

2. Upon the commencement of the sale and for its duration the

license shall be prominently displayed in the place of sale by the

licensee;

3. All advertisement of discount prices shall indicate that the

prices are discounted from the manufacturer's suggested retail price

and the manufacturer's suggested retail price shall be accurately

displayed in such advertisements or all advertisements of discount

prices shall indicate that the prices are discounted from the

Oklahoma Statutes - Title 15. Contracts Page 157

regular sales prices at which the merchandise has been offered at

the location of the sale for at least sixty (60) days prior to the

sale and such regular prices shall be accurately displayed in

advertisements where discount prices are advertised by specific

dollar amounts or percentage amounts of savings;

4. No closing out sale shall be held at any location other than

the regular place of business of the licensee and the licensee shall

have conducted business at such location for a period of at least

six (6) months; and

5. The licensee shall keep suitable books during the sale, at

the location at which the sale is conducted. Daily entries shall be

made in said books showing:

a. dollar amount of retail sales, and

b. dollar amount of markdowns; for the purposes of

the Oklahoma Consumer Protection Act, the term markdowns is the

difference between retail and wholesale price of goods wholesaled by

the licensee, and

c. dollar amount, both retail and cost price, of

goods on back order received, and

d. dollar amount of wholesale sale.

The books shall be open for inspection during business

hours by appropriate officials responsible for the enforcement of

this act.
Okla. Stat. tit. 15, § 15-447 — OK Code / Title 15 / Section 15-447
Redelivery on demand
Status: in_force

A bailee must deliver the thing to the person for whose benefit

it was deposited, on demand, whether the bailment was made for a

specified time or not, unless he has a lien upon the thing

deposited, or has been forbidden or prevented from doing so by the

real owner thereof, or by the act of the law, and has given the

notice required by Section 1093.
Okla. Stat. tit. 15, § 15-1018 — OK Code / Title 15 / Section 15-1018
Construction of power relating to tax matters
Status: in_force

CONSTRUCTION OF POWER RELATING TO TAX MATTERS

In a statutory power of attorney, the language granting power

with respect to tax matters empowers the agent to:

1. Prepare, sign, and file federal, state, local, and foreign

income, gift, payroll, Federal Insurance Contributions Act returns,

and other tax returns, claims for refunds, requests for extension of

time, petitions regarding tax matters, and any other tax-related

documents, including receipts, offers, waivers, consents (including

consents and agreements under Internal Revenue Code Section 2032A or

any successor section), closing agreements, and any power of

attorney required by the Internal Revenue Service or other taxing

authority with respect to a tax year upon which the statute of

limitations has not run and the following twenty-five (25) tax

years;

2. Pay taxes due, collect refunds, post bonds, receive

confidential information, and contest deficiencies determined by the

Internal Revenue Service or other taxing authority;

3. Exercise any election available to the principal under

federal, state, local, or foreign tax law; and

4. Act for the principal in all tax matters for all periods

before the Internal Revenue Service, and any other taxing authority.

Oklahoma Statutes - Title 15. Contracts Page 234
Okla. Stat. tit. 15, § 15-506 — OK Code / Title 15 / Section 15-506
Right to refuse accommodation - Financial guarantees - Limitation on number of occupants
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 6Limitation on number of occupants - Immunity.

A. An innkeeper shall have the right to refuse or deny any

accommodations, facilities or privileges of a lodging establishment

to any person who is unwilling or unable to pay for accommodations

and services of the lodging establishment. The innkeeper shall have

the right to require the prospective guest to demonstrate their

ability to pay by cash, valid credit card or a valid check. The

innkeeper may require a parent of a minor or other responsible party

to:

1. Accept in writing liability of the guest room costs, taxes,

all charges by the minor and any damages to the guest room or its

furnishings caused by the minor while a guest at the lodging

establishment; and

2. Provide the innkeeper with a valid credit card number to

cover the guest room costs, taxes, charges by the minor and any

damages to the guest room or its furnishings, caused by the minor;

or

3. Give the innkeeper:

a. an advance cash payment to cover the guest room cost

and taxes for all room nights reserved for the minor,

and

b. a cash deposit towards the payment of any charges of

the minor or any damages to the guest room or its

furnishings, which cash deposit will be refunded to

the extent not used to cover any charges or damages as

determined by the innkeeper following room inspection

at check-out.

B. A lodging establishment shall have the right to limit the

number of persons who shall occupy any particular guest room in the

lodging establishment.

C. An innkeeper refusing or denying accommodations, facilities

or privileges of a lodging establishment for any of the reasons

specified in this section shall not be liable in any civil or

criminal action or for any fine or penalty based upon the refusal or

denial, except that accommodations, facilities or privileges of a

lodging establishment shall not be refused or denied based upon the

race, creed, color, national origin, sex, disability or marital

status of a person.
Okla. Stat. tit. 15, § 15-166 — OK Code / Title 15 / Section 15-166
Part subordinate to whole
Status: in_force

Particular clauses of a contract are subordinate to its general

intent.
Okla. Stat. tit. 15, § 15-134 — OK Code / Title 15 / Section 15-134
What contracts may be oral
Status: in_force

All contracts may be oral, except such as are specially required

by statute to be in writing.
Okla. Stat. tit. 15, § 15-23 — OK Code / Title 15 / Section 15-23
Rescission by person of unsound mind
Status: in_force

A conveyance or other contract of a person of unsound mind, but

not entirely without understanding, made before his incapacity has

been judicially determined, is subject to rescission without

prejudice to the rights of third persons, as provided in the article

on extinction of contracts.
Okla. Stat. tit. 15, § 15-722 — OK Code / Title 15 / Section 15-722
Unsolicited goods sent by organization to member after
Status: in_force

termination of membership.

If a person is a member of an organization which makes retail sales

of any goods, wares, or merchandise to its members, and the person

notifies the organization of his termination of membership by

certified mail, return receipt requested, any unordered goods,

wares, or merchandise which are sent to the person after forty-five

(45) days following execution of the return receipt for the

certified letter by the organization shall for all purposes be

deemed unconditional gifts to the person, who may use or dispose of

the goods, wares, or merchandise in any manner he sees fit without

any obligation on his part to the organization.

If the termination of a person's membership in such organization

breaches any agreement with the organization, nothing in this

section shall relieve the person from liability for damages to which

he might be otherwise subjected pursuant to law, but he shall not be

subject to any damages with respect to any goods, wares, or

merchandise which are deemed unconditional gifts to him under this

section.

If after any receipt deemed to be an unconditional gift under

this section, the sender continues to send bill statements or

requests for payment with respect thereto, an action may be brought

by the recipient to enjoin such conduct, in which action there may

also be awarded reasonable attorneys' fees and costs to the

prevailing party.
Okla. Stat. tit. 15, § 15-752A — OK Code / Title 15 / Section 15-752A
Credit card receipts - Restrictions on printing certain account information - Operative
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 8account information - Operative dates of section.

A. Except as otherwise provided in this section, a person who

accepts credit cards or debit cards for a consumer transaction shall

not print more than the last five digits of the account number or

the expiration date upon any receipt provided to the cardholder.

B. This section applies only to receipts that are printed

electronically and does not apply to transactions in which the sole

means of recording the credit card or debit card number is by

handwriting or by an imprint or copy of the card.

C. This section becomes operative on January 1, 2004, with

respect to any cash register or other machine or device that

electronically prints receipts for consumer transactions that is

first put into use on or after January 1, 2004.

D. This section becomes operative on January 1, 2007, with

respect to any cash register or other machine or device that

electronically prints receipts for consumer transactions that is in

use before January 1, 2004.
Okla. Stat. tit. 15, § 15-765.3 — OK Code / Title 15 / Section 15-765.3
Acts constituting fraud
Status: in_force

A. A person commits the offense of home repair fraud if the

person knowingly or with reason to know:

1. Enters into a consumer transaction for home repair and

knowingly or with reason to know:

a. misrepresents a material fact relating to the terms of

the consumer transaction or the preexisting or

existing condition of any portion of the property

involved, or creates or confirms an impression of the

consumer which is false and which the violator does

not believe to be true, or promises performance which

the violator does not intend to perform or knows will

not be performed, or

b. uses or employs any deception, false pretense or false

promises in order to induce, encourage or solicit such

consumer to enter into any consumer transaction, or

c. requires payment for the home repair at a price which

unreasonably exceeds the value of the services and

materials needed for the home repair;

2. Damages the property of a person with the intent to enter

into a consumer transaction for home repair; or

3. Misrepresents himself or another to be an employee or agent

of any unit of the federal, state, county, or municipal government,

or an employee or agent of any public utility, with the intent to

cause a person to enter into, with himself or another, any consumer

transaction for home repair.

B. Any person convicted in a criminal proceeding of violating

the Home Repair Fraud Act shall be guilty of a Class D1 felony

Oklahoma Statutes - Title 15. Contracts Page 153

offense and shall be subject to imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes.
Okla. Stat. tit. 15, § 15-789 — OK Code / Title 15 / Section 15-789
Enforcement of act - Rules and regulations
Status: in_force

The Insurance Department shall administer and enforce the

provisions of this act and shall promulgate rules and regulations as

may be necessary to carry out the provisions of this act.
Okla. Stat. tit. 15, § 15-58 — OK Code / Title 15 / Section 15-58
Actual fraud defined
Status: in_force

Actual fraud, within the meaning of this chapter, consists in

any of the following acts, committed by a party to the contract, or

with his connivance, with intent to deceive another party thereto,

or to induce him to enter into the contract:

1. The suggestion, as a fact, of that which is not true, by one

who does not believe it to be true.

2. The positive assertion in a manner not warranted by the

information of the person making it, of that which is not true,

though he believe it to be true.

3. The suppression of that which is true, by one having

knowledge or belief of the fact.

4. A promise made without any intention of performing it; or,

5. Any other act fitted to deceive.
Okla. Stat. tit. 15, § 15-272 — OK Code / Title 15 / Section 15-272
Banks to report interest rates - Cancellation of charter
Status: reserved

for violating usury laws - Procedure.

It shall be the duty of the officers of all state banks,

organized and doing business under and by virtue of the laws of the

state, to make a sworn quarterly report to the Bank Commissioner,

setting forth the rate of interest charged, retained, reserved or

collected upon the loans made in excess of the legal or contract

rate of interest during the quarter for which said report is made,

and such other detailed information as the Bank Commissioner may

require concerning rates of interest charged, and all such reports

as show the rates of interest exceeding ten percent (10%) per annum

have been charged, shall be published in the annual report of the

Bank Commissioner. Provided, that when the report of any bank shall

disclose that such bank is willfully loaning money in violation of

the interest laws of the state, it shall be his duty to immediately

report such violation to the Governor, who may direct the Bank

Commissioner to bring suit, through the Attorney General, in a court

of competent jurisdiction in the county where the bank is located,

to cancel the charter of such bank and the judgment of the court on

the trial of said issue shall find the defendant bank guilty or not

guilty, and if the judgment is guilty it shall further provide for

the cancellation of the charter of said bank and the liquidation of

the assets of said bank as the law now provides in cases of

insolvent banks, from which judgment either party shall have the

right of appeal to the Supreme Court, as in civil cases. Upon such

appeal being filed, the Supreme Court shall hear and determine same

as an advanced case.
Okla. Stat. tit. 15, § 15-764.1 — OK Code / Title 15 / Section 15-764.1
Definitions - Rescission period
Status: reserved

A. As used in this section:

1. "Hearing aid" means any wearable instrument or device

designed or offered for the purpose of aiding or compensating for

impaired human hearing and any parts, attachments, or accessories

thereto, but excluding ear molds, batteries and cords. The term

"hearing aid" does not include cochlear implants or cochlear

prosthesis;

2. "Hearing aid provider" means a hearing aid dealer or fitter

licensed pursuant to Section 1-1750 et seq. of Title 63 of the

Oklahoma Statutes, audiologist licensed pursuant to Section 1601 et

seq. of Title 59 of the Oklahoma Statutes, or any other individual

who dispenses hearing aids within this state; and

3. "Rescission period" means thirty (30) calendar days from the

day the hearing aid is placed in the possession of the purchaser.

B. A hearing aid provider shall provide a thirty-day rescission

period on a hearing aid purchase consistent with the following

terms:

1. The purchaser shall have the right to cancel the purchase

for any reason if the hearing aid is returned to the hearing aid

provider in the same condition as when purchased, ordinary wear and

tear excepted, within thirty (30) days of the date of receipt of the

hearing aid. The thirty-day rescission period shall be tolled for

any period during which the hearing aid provider takes possession or

control of a hearing aid after its original delivery;

2. The purchaser is entitled to receive a full refund of the

purchase price, provided the hearing aid provider may be entitled to

a cancellation fee no greater than ten percent (10%) of the total

purchase price for the hearing aid or One Hundred Fifty Dollars

($150.00) per hearing aid, whichever is less; and

3. The hearing aid provider shall provide a written receipt or

contract to the purchaser that includes, in immediate proximity to

the space reserved for the signature of the purchaser, the following

specific statement in all bold-faced type capital letters no smaller

than the largest print used in the written receipt or contract:

OKLAHOMA STATE LAW GIVES THE PURCHASER THE RIGHT TO

CANCEL THIS PURCHASE FOR ANY REASON BY RETURNING THE HEARING

AID TO THE HEARING AID PROVIDER AT ANY TIME PRIOR TO

MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE

HEARING AID.

Oklahoma Statutes - Title 15. Contracts Page 151

BY LAW, THE HEARING AID PROVIDER MAY BE ENTITLED TO A

CANCELLATION FEE NOT TO EXCEED TEN PERCENT (10%) OF THE

TOTAL PURCHASE PRICE FOR THE HEARING AID OR ONE HUNDRED

FIFTY DOLLARS ($150.00) PER HEARING AID, WHICHEVER IS LESS,

TO COVER THE COSTS INCURRED BY THE HEARING AID PROVIDER.

IF THE PURCHASER RETURNS THE HEARING AID WITHIN THE

THIRTY-DAY PERIOD, THE PURCHASER WILL RECEIVE A REFUND OF

$____.00 (HEARING AID PROVIDER MUST INSERT THE DOLLAR AMOUNT

OF THE REFUND).

IF THE HEARING AID PROVIDER FAILS TO COMPLY WITH THIS

PROVISION, COMPLAINTS SHOULD BE FORWARDED TO:

OKLAHOMA STATE DEPARTMENT OF HEALTH

OCCUPATIONAL LICENSING DIVISION

1000 N.E. 10TH STREET

OKLAHOMA CITY, OKLAHOMA 73105

C. Failure to comply with this section constitutes a deceptive

trade practice. Hearing aid providers who violate this section

shall be disciplined by the appropriate state licensing agency, in

addition to any sanction provided for in the Oklahoma Consumer

Protection Act.
Okla. Stat. tit. 15, § 15-73 — OK Code / Title 15 / Section 15-73
How proposal revoked
Status: in_force

A proposal is revoked:

1. By the communication of notice of revocation by the proposer

to the other party, before his acceptance has been communicated to

the former.

2. By the lapse of the time prescribed in such proposal for its

acceptance, or if no time is so prescribed the lapse of a reasonable

time without communication of the acceptance.

Oklahoma Statutes - Title 15. Contracts Page 19

3. By the failure of the acceptor to fulfill a condition

precedent to acceptance; or,

4. By the death or insanity of the proposer.
Okla. Stat. tit. 15, § 15-329 — OK Code / Title 15 / Section 15-329
Guaranty of solvency - Failure to take proceedings
Status: in_force

A guaranty, such as is mentioned in the last section, is not

discharged by an omission to take proceedings upon the principal

debt, or upon any collateral security for its payment, if no part of

the debt could have been collected thereby.
Okla. Stat. tit. 15, § 15-321 — OK Code / Title 15 / Section 15-321
Guaranty defined
Status: in_force

A guaranty is a promise to answer for the debt, default or

miscarriage of another person.
Okla. Stat. tit. 15, § 15-755.3 — OK Code / Title 15 / Section 15-755.3
Message relaying services
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 145

Nothing in this act shall prohibit a telephone company from

providing a service that is utilized for relaying messages for

private purposes, including but not limited to voice messaging

services or message delivery services.
Okla. Stat. tit. 15, § 15-770 — OK Code / Title 15 / Section 15-770
Revocation of license
Status: in_force

The district attorney of the district where the application was

filed shall revoke any license issued pursuant to the provisions of

this act, if he finds that the licensee has:

1. Violated the provisions of this act relating to closing out

sales;

2. Made any material misstatement in his application;

3. Failed to include in the inventory required hereunder all

the goods, wares and merchandise being offered for sale;

4. Offered or permitted to be offered at the sale any goods,

wares or merchandise not included in the inventory attached to the

application;

5. Failed to keep suitable records of the sale; or

6. Made or permitted to be made any false or misleading

statements or representations in advertising the sale, or in

displaying, ticketing, or pricing goods, wares or merchandise

offered for sale.
Okla. Stat. tit. 15, § 15-1017 — OK Code / Title 15 / Section 15-1017
Construction of power relating to retirement plan
Status: in_force

transactions.

CONSTRUCTION OF POWER RELATING TO RETIREMENT PLAN TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to retirement plan transactions empowers the agent to:

1. Select payment options under any retirement plan in which

the principal participates, including plans for self-employed

individuals;

2. Make voluntary contributions to those plans;

3. Exercise the investment powers available under any self-

directed retirement plan;

4. Make "rollovers" of plan benefits into other retirement

plans;

5. If authorized by the plan, borrow from, sell assets to, and

purchase assets from the plan; and

6. Waive the right of the principal to be a beneficiary of a

joint or survivor annuity if the principal is a spouse who is not

employed.
Okla. Stat. tit. 15, § 15-59 — OK Code / Title 15 / Section 15-59
Constructive fraud defined
Status: in_force

Constructive fraud consists:

1. In any breach of duty which, without an actually fraudulent

intent, gains an advantage to the person in fault, or any one

claiming under him, by misleading another to his prejudice, or to

the prejudice of any one claiming under him; or,

2. In any such act or omission as the law specially declares to

be fraudulent, without respect to actual fraud.
Okla. Stat. tit. 15, § 15-681 — OK Code / Title 15 / Section 15-681
Definitions
Status: in_force

As used in the Invention Development Services Act:

1. "Contract for invention development services" includes a

contract by which an invention developer undertakes to develop or

promote an invention for a customer;

2. "Customer" means any natural person who is solicited by,

inquires about, seeks the services of or enters into a contract with

an invention developer for invention development services;

3. "Invention" includes a process, design, asexually reproduced

plant, machine, manufacture, composition of matter, improvement upon

the foregoing, or a concept;

4. "Invention developer" means any person, firm, corporation or

association and the agents, employees or representatives of the

person, firm, corporation or association which develops or promotes

or offers to develop or promote an invention of a customer in order

that the invention of the customer may be patented, licensed or sold

for manufacture or manufactured in large quantities. The term

"invention developer" does not include:

a. a partnership or corporation when all of its partners,

stockholders or members are licensed by a state or the

United States to render legal advice concerning

patents and trademarks, or a person so licensed,

b. a department or agency of the federal, state or local

government, including the inventor's assistance

program administered by the Oklahoma Center for the

Advancement of Science and Technology,

c. a charitable, scientific, education, religious or

other organization registered pursuant to state law,

d. a person, firm, corporation, association or other

entity that does not charge a fee for invention

development services, or

Oklahoma Statutes - Title 15. Contracts Page 127

e. any person, firm, corporation, association or other

entity whose gross receipts from contracts for

invention development services do not exceed ten

percent (10%) of its gross receipts from all sources

during the fiscal year preceding the year in which any

contract for invention development services is signed.

For the purposes of this paragraph, "fee" shall include any

payment made by the customer to the entity, including reimbursements

for expenditures made or costs incurred by such entity, but shall

not include a payment made from a portion of the income received by

a customer by virtue of invention development services performed by

the entity;

5. "Invention development services" includes any act required

or promised to be performed, or actually performed by an invention

developer for a customer.
Okla. Stat. tit. 15, § 15-244A — OK Code / Title 15 / Section 15-244A
Legislative findings
Status: in_force

The Legislature finds and declares that the retail distribution,

sales and rental of agricultural, construction, utility, industrial,

mining, outdoor power, forestry and lawn and garden equipment

utilizing independent dealers operating under contract with the

supplier, vitally affects the general economy of this state, the

public interest and the public welfare. Therefore, the Legislature

has determined that it is necessary to regulate the business

relations between the independent dealers and the equipment

suppliers as contemplated in the Fair Practices of Equipment

Manufacturers, Distributors, Wholesalers and Dealers Act and that

any action taken in violation of this act will result in a violation

of an important public policy of this state.
Okla. Stat. tit. 15, § 15-141.5 — OK Code / Title 15 / Section 15-141.5
Requirements for licensure
Status: in_force

The Insurance Commissioner shall not issue or renew a license to

any service warranty association unless the association:

1. Is a solvent association;

Oklahoma Statutes - Title 15. Contracts Page 39

2. Furnishes the Insurance Department with satisfactory

evidence that the management of the association is competent and

trustworthy and can successfully manage the affairs of the

association in compliance with law;

3. Proposes to use and uses in its business a name together

with a trademark or emblem, if any, which is distinctive and not so

similar to the name or trademark of any other person already doing

business in this state as will tend to mislead or confuse the

public;

4. Files the bond required by the Service Warranty Act;

5. Is formed under the laws of this state or another state,

district, territory, or possession of the United States, if the

association is other than a natural person; and

6. Has submitted all annual financial statements and

administrative fees required by the Service Warranty Act.
Okla. Stat. tit. 15, § 15-901.1 — OK Code / Title 15 / Section 15-901.1
Lemon Law Buyback certificate of title notation
Status: in_force

Any manufacturer who reacquires or assists a dealer or

lienholder to reacquire a motor vehicle registered in this state,

prior to any sale, lease, or transfer of the vehicle in this state,

or prior to exporting the vehicle to another state for sale, lease,

or transfer if the vehicle was registered in this state and

Oklahoma Statutes - Title 15. Contracts Page 214

reacquired pursuant to this section or Section 901 of this title

shall:

1. Cause the vehicle to be retitled in the name of the

manufacturer; and

2. Request the Oklahoma Tax Commission to brand the certificate

of title with the notation "Lemon Law Buyback". Any branding of a

title as a "Lemon Law Buyback" shall remain permanently on the

title.
Okla. Stat. tit. 15, § 15-655 — OK Code / Title 15 / Section 15-655
Violations of act
Status: in_force

any person willfully and knowingly violating any of the provisions

of this law shall be guilty of a misdemeanor.
Okla. Stat. tit. 15, § 15-460 — OK Code / Title 15 / Section 15-460
Measure of damages
Status: in_force

The liabilities of a bailee for negligence shall not exceed the

amount which he is informed by the bailor, or has reason to suppose,

the thing bailed is worth.
Okla. Stat. tit. 15, § 15-1007 — OK Code / Title 15 / Section 15-1007
Construction of power relating to tangible personal
Status: in_force

property transactions.

CONSTRUCTION OF POWER RELATING TO

TANGIBLE PERSONAL PROPERTY TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to tangible personal property transactions empowers the

agent to:

1. Accept as a gift or as security for a loan, reject, demand,

buy, receive, or otherwise acquire ownership or possession of

tangible personal property or an interest in tangible personal

property;

2. Sell, exchange, convey with or without covenants, release,

surrender, mortgage, encumber, pledge, hypothecate, create a

security interest in, pawn, grant options concerning, lease,

sublease to others, or otherwise dispose of tangible personal

property or an interest in tangible personal property;

3. Release, assign, satisfy, or enforce by litigation or

otherwise, a mortgage, security interest, encumbrance, lien, or

other claim on behalf of the principal, with respect to tangible

personal property or an interest in tangible personal property; and

4. Do an act of management or conservation with respect to

tangible personal property or an interest in tangible personal

property on behalf of the principal, including:

a. insuring against casualty, liability, or loss,

b. obtaining or regaining possession, or protecting the

property or interest, by litigation or otherwise,

c. paying, compromising, or contesting taxes or

assessments or applying for and receiving refunds in

connection with taxes or assessments,

d. moving from place to place,

e. storing for hire or on a gratuitous bailment, and

Oklahoma Statutes - Title 15. Contracts Page 226

f. using, altering, and making repairs or alterations.
Okla. Stat. tit. 15, § 15-15 — OK Code / Title 15 / Section 15-15
Status of unborn child
Status: in_force

A child conceived, but not born, is to be deemed an existing

person so far as may be necessary for its interest in the event of

its subsequent birth.
Okla. Stat. tit. 15, § 15-141.11 — OK Code / Title 15 / Section 15-141.11
Duration of suspension
Status: in_force

A. A suspension of the license of a service warranty

association shall be for such period, not to exceed one (1) year, as

is fixed in the order of suspension, unless such suspension or the

order upon which the suspension is based is modified, rescinded, or

reversed.

B. During the period of suspension, the association shall file

any financial statements and pay any fees as required by the Service

Warranty Act as if the license had been continued in full force.

C. Upon expiration of the suspension period, if within such

period the license has not otherwise terminated, the license of the

association shall automatically be reinstated, unless the causes of

the suspension have not been removed or the association is otherwise

not in compliance with the requirements of the Service Warranty Act.
Okla. Stat. tit. 15, § 15-509 — OK Code / Title 15 / Section 15-509
Notice to guests
Status: in_force

The innkeeper shall post a copy of the Oklahoma Innkeeper Rights

Act together with all rules of the lodging establishment in a

Oklahoma Statutes - Title 15. Contracts Page 110

conspicuous place at or near the guest registration desk and on the

inside of the entrance door of any guest room.
Okla. Stat. tit. 15, § 15-105 — OK Code / Title 15 / Section 15-105
Lawful part valid
Status: in_force

Where a contract has several distinct objects, of which one at

least is lawful and one at least is unlawful in whole or in part,

the contract is void as to the latter, and valid as to the rest.
Okla. Stat. tit. 15, § 15-140.6 — OK Code / Title 15 / Section 15-140.6
Promulgation of rules
Status: in_force

The Insurance Commissioner shall promulgate rules necessary to

enforce the provisions of Section 140.2 et seq. of this title.

After proper notice and opportunity for hearing the Commissioner may

take either or both of the following actions:

1. Order the creditor, provider, administrator, or any other

person not in compliance with Section 140.2 et seq. of this title to

cease and desist from product related operations which are in

violation of Section 140.2 et seq. of this title; or

2. Impose a penalty not to exceed Five Hundred Dollars

($500.00) per violation and no more than Ten Thousand Dollars

($10,000.00) for aggregated violations of a similar nature. For

purposes of this section, “violations of a similar nature” means the

violation consisted of the same or similar course of conduct,

action, or practice, irrespective of the number of times the action,

conduct, or practice which is determined to be a violation of

Section 140.2 et seq. of this title occurred.
Okla. Stat. tit. 15, § 15-141.15 — OK Code / Title 15 / Section 15-141.15
Examinations of service warranty associations
Status: in_force

A. Service warranty associations licensed pursuant to the

Service Warranty Act are subject to periodic examination by the

Insurance Commissioner, in the same manner and subject to the same

terms and conditions that apply to insurers.

B. The Commissioner is not required to examine an association

that has less than Twenty Thousand Dollars ($20,000.00) in gross

written provider fees as reflected in its most recent annual

financial statement. The Commissioner may examine such an

association if the Commissioner has reason to believe that the

association may be in violation of the Service Warranty Act or is

otherwise in an unsound financial condition. If the Commissioner

examines such an association, the examination fee shall not exceed

Oklahoma Statutes - Title 15. Contracts Page 49

five percent (5%) of the gross written provider fees of the

association.
Okla. Stat. tit. 15, § 15-157 — OK Code / Title 15 / Section 15-157
Effect given to every part
Status: in_force

The whole of a contract is to be taken together, so as to give

effect to every part, if reasonably practicable, each clause helping

to interpret the others.
Okla. Stat. tit. 15, § 15-448 — OK Code / Title 15 / Section 15-448
Demand necessary
Status: in_force

A bailee is not bound to deliver a thing deposited without

demand, even where the bailment was made for a specified time.
Okla. Stat. tit. 15, § 15-442 — OK Code / Title 15 / Section 15-442
Voluntary bailments
Status: in_force

A voluntary bailment is made by one giving to another, with his

consent, the possession of personal property to keep for the benefit

of the former, or of a third party; the person giving is called the

bailor and the person receiving the bailee.
Okla. Stat. tit. 15, § 15-380 — OK Code / Title 15 / Section 15-380
Compelling principal to perform obligation
Status: in_force

A surety may compel his principal to perform the obligations

when due.
Okla. Stat. tit. 15, § 15-1020 — OK Code / Title 15 / Section 15-1020
Uniformity of application and construction
Status: in_force

UNIFORMITY OF APPLICATION AND CONSTRUCTION

This act shall be applied and construed to effectuate its

general purpose to make uniform the law with respect to the subject

of this act among states enacting it.
Okla. Stat. tit. 15, § 15-12 — OK Code / Title 15 / Section 15-12
Capacity of certain classes
Status: in_force

Minors and persons of unsound mind have only such capacity as

is defined by the statutes of this State.

R.L. 1910, Sec. 878.
Okla. Stat. tit. 15, § 15-339 — OK Code / Title 15 / Section 15-339
Void promise of creditor as altering obligation, etc
Status: in_force

A promise by a creditor, which for any cause is void, or

voidable by him at his option, does not alter the obligation or

suspend or impair the remedy, within the meaning of the last

section.
Okla. Stat. tit. 15, § 15-762 — OK Code / Title 15 / Section 15-762
Additional powers and duties
Status: in_force

A. In addition to all other powers and duties as set forth in

this act, the Attorney General may do any or all of the following

and upon request receive the assistance of any department, division

or branch of state government:

1. Coordinate consumer protection activities within state

government and maintain a liaison with federal and local governments

concerning the interests of consumers and businessmen;

2. Study the operation of any existing or proposed law

affecting the consumer interest and make recommendations to the

Governor and Legislature;

3. Conduct studies, investigations and research in matters

affecting consumer interest;

4. Submit an annual report of activities to the legislative and

executive branches of state government; and

5. Do those things necessary to implement the purpose of this

act.

B. The Attorney General shall have the powers of a district

attorney to investigate and prosecute suspected violations of

consumer laws.
Okla. Stat. tit. 15, § 15-598.1 — OK Code / Title 15 / Section 15-598.1
Short title
Status: in_force

This act shall be known and may be cited as the "Unfair Sales

Act".
Okla. Stat. tit. 15, § 15-102 — OK Code / Title 15 / Section 15-102
Requisites of the object
Status: in_force

The object of a contract must be lawful when the contract is

made, and possible and ascertainable by the time this contract is to

be performed.
Okla. Stat. tit. 15, § 15-678 — OK Code / Title 15 / Section 15-678
Termination of contract - Payment of commission -
Status: in_force

Attorney's fees and court costs.

A. If a contract between a principal and a sales representative

for the solicitation of wholesale orders is terminated, the

principal shall pay the sales representative all commissions due him

at the time of the termination within fourteen (14) calendar days of

the termination, and shall pay the sales representative all

commissions that become due after termination within fourteen (14)

calendar days of the date on which the commissions become due.

B. The prevailing party in an action brought under this section

is entitled to reasonable attorney's fees and court costs.
Okla. Stat. tit. 15, § 15-516 — OK Code / Title 15 / Section 15-516
Finder may sell, when
Status: in_force

The finder of a thing may sell it, if it is a thing which is

commonly the subject of sale, when the owner cannot with reasonable

diligence be found; or, being found, refuses upon demand to pay the

lawful charges of the finder, in the following cases:

1. When the thing is in danger of perishing, or losing the

greater part of its value; or,

2. When the lawful charges of the finder amount to two-thirds

of its value.
Okla. Stat. tit. 15, § 15-104 — OK Code / Title 15 / Section 15-104
Unlawful object - Performance impossible - Object vaguely
Status: in_force

expressed.

Where a contract has but a single object, and such object is

unlawful, whether in whole or in part, or wholly impossible of

performance, or so vaguely expressed as to be wholly

unascertainable, the entire contract is void.
Okla. Stat. tit. 15, § 15-462 — OK Code / Title 15 / Section 15-462
Involuntary bailment is gratuitous
Status: in_force

An involuntary bailment is gratuitous, the bailee being entitled

to no reward.
Okla. Stat. tit. 15, § 15-27 — OK Code / Title 15 / Section 15-27
Minor may enforce rights by civil action - Guardian
Status: in_force

A minor may enforce his rights by civil action, or other legal

proceedings, in the same manner as a person of full age, except that

a guardian must be appointed to conduct the same.
Okla. Stat. tit. 15, § 15-598.10 — OK Code / Title 15 / Section 15-598.10
Trade association may sue
Status: in_force

Any duly organized and existing trade association, whether

incorporated or not, is hereby authorized to institute and prosecute

a suit or suits for injunctive relief and costs, provided for under

the terms of this act, as the real party in interest for and on

behalf of one or more of said association's members, when violation

of this act directly or indirectly affects or threatens to affect or

injure such member or members, or where violation of this act

threatens to impair fair competition or otherwise affects such

member as herein provided.
Okla. Stat. tit. 15, § 15-154 — OK Code / Title 15 / Section 15-154
Language governs
Status: in_force

The language of a contract is to govern its interpretation, if

the language is clear and explicit, and does not involve an

absurdity.
Okla. Stat. tit. 15, § 15-291 — OK Code / Title 15 / Section 15-291
Loan for use defined
Status: in_force

A loan for use is a contract by which one gives to another the

temporary possession and use of personal property, and the latter

Oklahoma Statutes - Title 15. Contracts Page 90

agrees to return the same thing to him at a future time without

reward for its use.
Okla. Stat. tit. 15, § 15-503a — OK Code / Title 15 / Section 15-503a
Safe, vault or other depository - Notice - Liability to
Status: in_force

guest for loss of property.

Whenever the proprietor, manager or operator of any hotel,

apartment hotel or inn shall provide a safe, vault or other

depository for the safekeeping of any money, jewels, ornaments, bank

notes, bonds, negotiable securities, or other valuable papers,

precious stones, railroad tickets, articles of gold or silver

manufacture, or other valuable property of small compass, belonging

to guests of said hotel, apartment hotel or inn, and shall notify

the guests thereof by posting a notice in a public and conspicuous

place and manner in the office or public rooms, or in the public

parlors, or in the guest rooms for said hotel, apartment hotel or

inn, stating the fact that such safe, vault or other depository is

provided, in which such property may be deposited, and if such

guests shall neglect to deliver such property to the person in

charge of such office, for deposit in such safe, vault or other

depository, the proprietor, manager or operator of such hotel,

apartment hotel or inn shall not be liable for any loss of any such

property, sustained by such guest, whether by negligence of such

proprietor, manager or operator, or his, her, or its servants, or

employees, or by fire, theft, burglary or any other cause. Such

guest shall, at the time of delivering such property to the person

in charge of the office of such hotel, apartment hotel or inn,

advise such person of the actual value of such property, and no

proprietor, manager or operator or person in charge of the office of

such hotel, apartment hotel or inn shall be required to receive

property on deposit for safekeeping exceeding Three Hundred Dollars

($300.00) in value; and in case of loss of any such property so

deposited for safekeeping, the proprietor, manager or operator of

such hotel, apartment hotel or inn shall be liable only for the

actual market or pecuniary value of such property, in no event

exceeding the sum of Three Hundred Dollars ($300.00). Provided,

Oklahoma Statutes - Title 15. Contracts Page 106

that the proprietor, manager or operator of any hotel, apartment

hotel or inn may, by special agreement in writing with any such

guest or guests, receive property of greater value than Three

Hundred Dollars ($300.00) and assume liability as shall be provided

for in such written agreement.
Okla. Stat. tit. 15, § 15-511 — OK Code / Title 15 / Section 15-511
Finder a bailee, when
Status: in_force

One who finds a thing lost is not bound to take charge of it;

but if he does so, he is thenceforward a bailee for the owner, with

the rights and obligations of a bailee for hire.
Okla. Stat. tit. 15, § 15-784 — OK Code / Title 15 / Section 15-784
Third party prescription program defined
Status: in_force

As used in the Third Party Prescription Act, the term "third

party prescription program" means any system of providing for the

reimbursement of pharmaceutical goods and services under a

contractual arrangement or agreement between a provider of such

goods and services and another party who is not the consumer of

those goods and services. Such programs may include, but not be

limited to, insurance plans which provide coverage for prescription

drugs or other pharmaceutical services.
Okla. Stat. tit. 15, § 15-141.20 — OK Code / Title 15 / Section 15-141.20
Prohibited conduct
Status: in_force

A. Nothing in the Service Warranty Act shall be deemed to

authorize any service warranty association to transact any insurance

business or otherwise to engage in any type of insurance unless the

association is authorized under a certificate of authority issued by

the Insurance Commissioner.

B. No authorized insurer or licensed service warranty

association shall act as a fronting company for any unauthorized

insurer or unlicensed service warranty association. As used in this

subsection, a "fronting company" is an authorized insurer or

licensed service warranty association which, by reinsurance or

otherwise, generally transfers to one or more unauthorized insurers

or unlicensed service warranty associations, the risk of loss under

warranties written by the company in this state.
Okla. Stat. tit. 15, § 15-679 — OK Code / Title 15 / Section 15-679
Principal - Personal jurisdiction - Waiver of provisions
Status: in_force

of Act - Availability of rights and remedies - Contracts affected.

A. For purposes of the Sales Representatives Recognition Act, a

person who enters into an agreement, as a principal, with a sales

representative for the solicitation of orders in this state is

transacting business in this state and therefore authorizes the

exercise of personal jurisdiction over said principal by the court.

B. Any provision in any contract between a sales representative

and principal purporting to waive any of the provisions of the Sales

Representatives Recognition Act is void.

Oklahoma Statutes - Title 15. Contracts Page 126

C. Nothing in the Sales Representatives Recognition Act

invalidates or restricts any other or additional right or remedy

available to a sales representative, or precludes a sales

representative from seeking to recover in one action on all claims

against a principal.

D. The provisions of the Sales Representatives Recognition Act

shall have no effect on any contract or agreement entered into prior

to November 1, 1989.
Okla. Stat. tit. 15, § 15-458 — OK Code / Title 15 / Section 15-458
Presumed negligence for injury
Status: in_force

If a thing is lost or injured during its deposit, and the bailee

refuse to inform the bailor of the circumstances under which the

loss or injury occurred, so far as he has information concerning

them, or willfully misrepresents the circumstances to him, the

Oklahoma Statutes - Title 15. Contracts Page 103

bailee shall be presumed to have willfully, or by gross negligence,

permitted the loss or injury to occur.
Okla. Stat. tit. 15, § 15-245A.3 — OK Code / Title 15 / Section 15-245A.3
Good cause
Status: in_force

A. This section will only apply to single-line dealer

agreements.

B. No supplier may terminate a dealer agreement without good

cause. For purposes of this section and Section 8 of this act only,

“good cause” means failure by a dealer to comply with requirements

imposed upon the dealer by the dealer agreement if such requirements

are not different from those imposed on other similarly situated

dealers. In addition, good cause exists whenever:

1. There has been a closeout or sale of a substantial part of

the dealer’s assets related to the equipment business, or there has

been a commencement of a dissolution or liquidation of the dealer;

Oklahoma Statutes - Title 15. Contracts Page 80

2. The dealer has changed its principal place of business or

added additional locations without prior approval of the supplier,

which shall not be unreasonably withheld;

3. The dealer has substantially defaulted under a chattel

mortgage or other security agreement between the dealer and the

supplier, or there has been a revocation or discontinuance of a

guarantee of a present or future obligation of the dealer to the

supplier;

4. The dealer has failed to operate in the normal course of

business for seven (7) consecutive days or has otherwise abandoned

its business;

5. The dealer has pleaded guilty to or has been convicted of a

felony affecting the relationship between the dealer and the

supplier; or

6. The dealer transfers an interest in the dealership, or a

person with a substantial interest in the ownership or control of

the dealership, including an individual proprietor, partner or major

shareholder, withdraws from the dealership or dies, or a substantial

reduction occurs in the interest of a partner or major shareholder

in the dealership; provided, however, good cause does not exist if

the supplier consents to an action described in this paragraph.

C. Except as otherwise provided in this subsection, a supplier

shall provide a dealer with at least ninety (90) days written notice

of termination. The notice must state all reasons constituting good

cause for such termination and must state that the dealer has sixty

(60) days in which to cure any claimed deficiency. If the

deficiency is rectified within sixty (60) days, the notice will be

void. Notwithstanding the foregoing, if the good cause for

termination is due to the dealer’s failure to meet or maintain the

supplier’s requirements for market penetration, a reasonable period

of time shall have existed where the supplier has worked with the

dealer to gain the desired market share. The notice and right to

cure provisions under this paragraph shall not apply if the reason

for termination is for any reason set forth in paragraphs 1 through

6 of subsection B of this section.
Okla. Stat. tit. 15, § 15-68 — OK Code / Title 15 / Section 15-68
Mode of acceptance
Status: in_force

If a proposal prescribes any conditions concerning the

communication of its acceptance, the proposer is not bound unless

they are conformed to; but in other cases any reasonable and usual

mode may be adopted.
Okla. Stat. tit. 15, § 15-222 — OK Code / Title 15 / Section 15-222
Rental of goods or rental-related services - Automatic
Status: in_force

renewal provisions.

No contract for the rental of goods or rental-related services

where all or substantially all of the contract terms are drafted by

the provider of such goods or services shall contain any automatic

Oklahoma Statutes - Title 15. Contracts Page 68

renewal provision that extends the initial term of the contract for

any period longer than six (6) months, unless the contract provides

the nondrafting party with the ability to terminate at any time

during the renewal period without penalty by providing notice of not

more than sixty (60) days. Nothing in this section shall be

construed to prohibit the parties to the contract from entering into

a new contract at the end of the initial term of the contract or at

any time after an extension of the contract as provided by this

section.
Okla. Stat. tit. 15, § 15-302 — OK Code / Title 15 / Section 15-302
Demand for return, necessity of - Place of return
Status: in_force

If a thing is lent for use for a specified time or purpose, it

must be returned to the lender without demand, as soon as the time

has expired, or the purpose has been accomplished. In other cases

it need not be returned until demanded. The borrower of a thing for

use must return it to the lender, at the place contemplated by the

parties at the time of lending; or if no particular place was so

contemplated by them, then at the place where it was at that time.
Okla. Stat. tit. 15, § 15-774 — OK Code / Title 15 / Section 15-774
Definitions
Status: in_force

As used in this act:

1. “Admission ticket” means evidence of a right of entry to a

venue or an entertainment event;

2. “Event” means a concert, theatrical performance, sporting

event, exhibition, show, or other similar activity held in this

state;

3. “Initial sale” means the first sale of an admission ticket

by the ticket seller, which may include the distribution of

admission tickets under an agreement between the ticker seller and

the recipient;

4. “Person” means any individual, partnership, corporation,

limited liability company, other organization, or any combination

thereof;

5. “Place of entertainment” means any privately or publicly

owned or operated entertainment facility within this state, such as

a theater, stadium, museum, arena, park, racetrack, or other place

where concerts, theatrical performances, sporting events,

exhibitions, shows, or other similar activities are held and for

which an entry fee is charged;

6. “Presale” means a sale of admission tickets at or below the

price printed on the ticket by, or with the permission of, a ticket

seller, prior to their release to the general public;

7. “Promoter” means a person who organizes financing and

publicity for an entertainment event; and

8. “Ticket seller” means a person that makes admission tickets

available, directly or indirectly, at an initial presale or sale to

the general public, and may include an owner or operator of a place

of entertainment, a sponsor or promoter of an event, a sports team

participating in an event, a theater company, a musical group, or

Oklahoma Statutes - Title 15. Contracts Page 159

similar participant in an event, or an employee or agent of any such

person.
Okla. Stat. tit. 15, § 15-775A.4 — OK Code / Title 15 / Section 15-775A.4
Unlawful telemarketing practices
Status: in_force

A. A commercial telephone seller engages in an unlawful

telemarketing practice when, in the course of any commercial

telephone solicitation, the seller:

1. Conducts business as a commercial telephone seller without

having registered with the Attorney General, as required by Section

775A.3 of this title;

2. Fails to allow the purchaser in any telephone sales

transaction to cancel any purchase or agreement to purchase goods,

services or property at any time before the expiration of three (3)

business days after the purchaser's receipt of such goods, services

or property by delivering or mailing to the commercial telephone

seller written notice of cancellation. Notice of cancellation, if

sent by mail, is deemed to be given as of the date the mailed notice

was postmarked;

Oklahoma Statutes - Title 15. Contracts Page 166

3. Fails to refund all payments made by any purchaser in any

telephone sales transaction within thirty (30) days after the

commercial telephone seller receives notice of cancellation from the

purchaser, except that:

a. if the purchaser has received goods or property from

the commercial telephone seller, other than an item

represented as free, the commercial telephone seller

shall refund all payments made by the purchaser within

thirty (30) days after the commercial telephone

seller's receipt of the returned goods or property,

and

b. if the purchaser has received services during the

course of a pay-per-call service call, which services

cannot, by their nature, be returned, the commercial

telephone seller is not required to refund payments to

the purchaser;

4. Fails to disclose to the purchaser during a telephone

solicitation that the purchaser has the cancellation rights set

forth in paragraph 2 of this subsection;

5. Misrepresents to any person that the person has won a

contest, sweepstakes or drawing, or that the person will receive

free goods, services or property;

6. Represents that the seller's goods, services or property are

“free” if the commercial telephone seller charges or collects a fee

from the purchaser in exchange for providing or delivering such

goods, services or property;

7. Makes any reference to the commercial telephone seller's

compliance with this act to any purchaser without also disclosing

that compliance with this act does not constitute approval by any

governmental agency of the seller's marketing, advertisements,

promotions, goods or services;

8. Uses equipment or techniques the purpose of which is to

intentionally block or avoid detection of the commercial telephone

seller’s identity or telephone number by caller identification

devices;

9. Uses equipment, systems or procedures which automatically

dial and engage the telephone number of more than one person at a

time resulting in a number of abandoned calls per day that are more

than five percent (5%) of the number of answered calls per day in

any campaign; or

10. Engages in any deceptive trade practice defined in Section

752 of this title.

B. Paragraphs 2 and 4 of subsection A of this section do not

apply to a transaction in which the consumer obtains a full refund

for the return of undamaged or unused goods or a cancellation of

services by giving notice to the seller within seven (7) days after

receipt by the consumer and the seller processes the refund or

Oklahoma Statutes - Title 15. Contracts Page 167

cancellation within thirty (30) days after receipt of the returned

merchandise or the consumer's request for refund for services not

performed or a pro rata refund for any services not yet performed

for the consumer. The availability and terms of the return and

refund privilege shall be disclosed to the consumer orally by

telephone and in writing with any advertising or promotional

material or with the delivery of the product or service. If a

seller offers consumers an unconditional guarantee, a clear

disclosure of such guarantee by using the words “satisfaction

guaranteed”, “free inspection” or “no-risk guarantee” satisfy the

disclosure requirements of this subsection.

C. The unlawful telemarketing practices listed in this section

are in addition to and do not limit the types of unfair trade

practices actionable at common law or under other civil and criminal

statutes of this state.

D. Any violations of this act are violations of the Oklahoma

Consumer Protection Act.
Okla. Stat. tit. 15, § 15-74 — OK Code / Title 15 / Section 15-74
Subsequent consent ratifies
Status: in_force

A contract which is voidable, solely for want of due consent may

be ratified by a subsequent consent.
Okla. Stat. tit. 15, § 15-599.8 — OK Code / Title 15 / Section 15-599.8
Renumbered as Title 68, § 333 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-326 — OK Code / Title 15 / Section 15-326
Notice of acceptance of guaranty, necessity of
Status: in_force

A mere offer to guaranty is not binding, until notice of its

acceptance is communicated by the guarantee to the guarantor; but an

absolute guaranty is binding upon the guarantor without notice of

acceptance.
Okla. Stat. tit. 15, § 15-294 — OK Code / Title 15 / Section 15-294
Living animals - Care required of borrower
Status: in_force

One who borrows a living animal for use must treat it with great

kindness, and provide everything necessary and suitable for it.

R.L. 1910, § 1013.
Okla. Stat. tit. 15, § 15-141.33 — OK Code / Title 15 / Section 15-141.33
Examination of claim files by Commissioner – Civil
Status: in_force

penalties.

A. Claim files of service warranty associations licensed

pursuant to the Service Warranty Act shall be subject to examination

by the Insurance Commissioner or by duly appointed designees. The

claim files shall contain all notes and work papers pertaining to a

claim in such detail that pertinent events and the dates of the

events can be reconstructed. In addition, the Commissioner and

authorized employees and examiners shall have access to any files of

a service warranty association that may relate to a particular

complaint under investigation or to an inquiry or examination by the

Insurance Department.

B. Every service warranty association, upon receipt of any

inquiry from the Commissioner, shall, within twenty (20) days from

Oklahoma Statutes - Title 15. Contracts Page 57

the date of the inquiry, furnish the Commissioner with an adequate

response to the inquiry.

C. Every service warranty association, upon receipt of any

pertinent written communication including, but not limited to,

electronic mail or other forms of written electronic communication

or documentation by the service warranty association of a verbal

communication from a claimant which reasonably suggests that a

response is expected, shall, within thirty (30) days after receipt

thereof, furnish the claimant with an adequate response to the

communication.

D. Any violation by a service warranty association of this

section shall subject the service warranty association to discipline

including a civil penalty not less than One Hundred Dollars

($100.00) nor more than Five Thousand Dollars ($5,000.00).
Okla. Stat. tit. 15, § 15-66 — OK Code / Title 15 / Section 15-66
Mutual consent defined
Status: in_force

Consent is not mutual unless the parties all agree upon the same

thing in the same sense. But in certain cases, defined by the

article on interpretation, they are to be deemed so to agree without

regard to the fact.
Okla. Stat. tit. 15, § 15-599.9 — OK Code / Title 15 / Section 15-599.9
Renumbered as Title 68, § 334 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-293 — OK Code / Title 15 / Section 15-293
Care by borrower
Status: in_force

A borrower for use must use great care for the preservation in

safety in good condition of the thing borrowed.
Okla. Stat. tit. 15, § 15-139 — OK Code / Title 15 / Section 15-139
Seal - Necessity for seal abolished
Status: in_force

All distinctions between sealed and unsealed instruments are

abolished.
Okla. Stat. tit. 15, § 15-757 — OK Code / Title 15 / Section 15-757
Investigations
Status: in_force

A. When the Attorney General or a district attorney has reason

to believe a person has engaged in, is engaging in or is about to

engage in any practice declared to be unlawful by Section 753 of

this title, and he believes it to be in the public interest that an

investigation should be made to ascertain whether a person has in

fact engaged in, is engaging in or is about to engage in any such

practice, he may execute in writing and cause to be served upon any

such person who is believed to have information, documentary

material or physical evidence relevant to the alleged violation an

investigative demand requiring such person to furnish, under oath or

otherwise, a report in writing setting forth the nonprivileged

relevant facts and circumstances of which he has knowledge, or to

appear and testify, or to produce relevant nonprivileged documentary

material or physical evidence for examination at such reasonable

time and place as may be stated in the investigative demand,

concerning the advertisement, offering for sale, sale or

distribution of any subject of a consumer transaction or the conduct

of any trade or commerce that is the subject matter of the

investigation.

B. At any time before the return date specified in an

investigative demand, or within twenty (20) days after the demand

has been served, whichever period is shorter, a petition to extend

the return date, or to modify or to set aside the demand, stating

Oklahoma Statutes - Title 15. Contracts Page 147

good cause, may be filed in the district court of the county where

the person served with the demand resides or has his principal place

of business, or in the district court of Oklahoma County, Oklahoma.

At any time, an extension of the return date or a modification or

setting aside of the demand may be made by agreement of the parties.