Okla. Stat. tit. 15, § 15-755.1 — OK Code / Title 15 / Section 15-755.1
Automatic dial announcing devices - Operation -
Status: in_force

Conditions.

A. The connection of an automatic dial announcing device to a

telephone line is subject to the provisions of the Oklahoma Consumer

Protection Act.

B. No person shall operate an automatic dial announcing device

except in accordance with the provisions of the Oklahoma Consumer

Protection Act. The use of such device by any person, either

individually or acting as an officer, agent, or employee of a person

or corporation operating automatic dial announcing devices, is

subject to the provisions of the Oklahoma Consumer Protection Act.

C. A person shall not use an automatic dial announcing device

except as provided by this section. An automatic dial announcing

device shall be used only when:

1. The device disconnects from the called person's line not

later than twenty (20) seconds after the called person hangs up; and

2. For calls terminating in this state, the device is not used

to make a call:

a. before 9 a.m. or after 9 p.m., or

b. at any hour that collection calls would be prohibited

under the federal Fair Debt Collection Practices Act,

15 U.S.C., Section 1692(c), when the device is used

for collection purposes; and

3. One of the following occur:

a. the calls are made or messages given solely in

response to calls initiated by the person to whom the

automatic calls or recorded messages are directed or

who has made a written request to be called,

Oklahoma Statutes - Title 15. Contracts Page 144

b. the calls made concern goods or services that have

been previously ordered or purchased,

c. the calls are made by creditors or their assignees, or

d. the calls are initiated by a live operator who gives

the caller the option to disconnect prior to the

playing of a prerecorded or synthesized voice message.

D. An automatic dial announcing device shall not be used for

random number dialing or to dial numbers determined by successively

increasing or decreasing integers.

E. A telephone company in this state may, but shall not be

required to disconnect or refuse to connect service to a person

using or intending to use an automatic dial announcing device if the

telephone company determines that the device is not capable of

disconnecting from a called party's line as required by this section

or that the device would cause or is causing network harm.

F. The telephone company shall give notice to the person using

the device of its intent to disconnect service not less than three

(3) days prior to the date of the disconnection, except that if the

device is causing network congestion or blockage, the notice may be

given the day before the date of disconnection.

G. The telephone company shall disconnect service to the person

on a determination by a court or the Oklahoma Corporation Commission

that the person is violating the provisions of this section, and may

reconnect service to the person only on a determination by the court

or the Oklahoma Corporation Commission that the person will comply

with this section. Any notice of such an order shall be served on a

telephone company in the same manner as is required for service of

process, unless the company is already a party to the proceeding in

which the order is created.
Okla. Stat. tit. 15, § 15-1004 — OK Code / Title 15 / Section 15-1004
Durability of power of attorney
Status: in_force

DURABILITY OF POWER OF ATTORNEY

A power of attorney legally sufficient under this act is durable

to the extent that durable powers are permitted by other laws of

this state and the power of attorney contains language, such as

"This power of attorney will continue to be effective if I become

disabled, incapacitated, or incompetent", showing the intent of the

principal that the power granted may be exercised notwithstanding

later disability, incapacity, or incompetency.
Okla. Stat. tit. 15, § 15-67 — OK Code / Title 15 / Section 15-67
Consent - How communicated
Status: in_force

Consent can be communicated with effect, only by some act or

omission of the party contracting, by which he intends to

communicate it, or which necessarily tends to such communication.
Okla. Stat. tit. 15, § 15-173 — OK Code / Title 15 / Section 15-173
Reasonable time allowed where not specified - Immediate
Status: in_force

performance.

If no time is specified for the performance of an act required

to be performed, a reasonable time is allowed. If the act is in its

nature capable of being done instantly, as for example, if it

consists in the payment of money only, it must be performed

immediately upon the thing to be done being exactly ascertained.
Okla. Stat. tit. 15, § 15-140.7 — OK Code / Title 15 / Section 15-140.7
Motor vehicle financial protection products not
Status: in_force

insurance.

The Legislature finds that motor vehicle financial protection

products shall not be insurance. All motor vehicle financial

protection products issued prior to and after the effective date of

this act shall not be construed as insurance.
Okla. Stat. tit. 15, § 15-782 — OK Code / Title 15 / Section 15-782
Legislative findings and intent
Status: in_force

The Legislature finds that certain practices result in increased

costs to certain consumers, threaten the availability of

pharmaceutical services to the public, are unfair to providers of

pharmaceutical services, and are burdensome and costly to those

providers. The Legislature further finds that there is a need for

regulation of certain practices engaged in by some third party

prescription program administrators.
Okla. Stat. tit. 15, § 15-344 — OK Code / Title 15 / Section 15-344
Discharge of principal by operation of law as affecting
Status: in_force

guarantor.

A guarantor is not exonerated by the discharge of his principal

by operation of law, without the intervention or omission of the

creditor.
Okla. Stat. tit. 15, § 15-72 — OK Code / Title 15 / Section 15-72
Revocation of proposal
Status: in_force

A proposal may be revoked at any time before its acceptance is

communicated to the proposer, but not afterwards.
Okla. Stat. tit. 15, § 15-775B.7 — OK Code / Title 15 / Section 15-775B.7
Telemarketer Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Office of the Attorney General, to be designated the

"Telemarketer Revolving Fund". The fund shall be a continuing fund,

not subject to fiscal year limitations, and shall consist of all

monies received pursuant to the provisions of the Telemarketer

Restriction Act. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Attorney

General for the purpose of implementing, administering, or enforcing

the provisions of the Telemarketer Restriction Act. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 15, § 15-333 — OK Code / Title 15 / Section 15-333
Guaranty of conditional obligation
Status: in_force

Where one guarantees a conditional obligation, his liability is

commensurate with that of the principal, and he is not entitled to

notice of the default of the principal, unless he is unable, by the

exercise of reasonable diligence, to acquire information of such

default, and the creditor has actual notice thereof.
Okla. Stat. tit. 15, § 15-295 — OK Code / Title 15 / Section 15-295
Degree of skill
Status: in_force

A borrower for use is bound to have and to exercise such skill

in the care of the thing borrowed, as he causes the lender to

believe him to possess.
Okla. Stat. tit. 15, § 15-755.2 — OK Code / Title 15 / Section 15-755.2
Contracts - Calls from automatic dial answering devices
Status: in_force

- Voidability.

A contract or agreement to purchase any consumer goods or

services pursuant to an unsolicited telephone call or message,

including a cellular telephone call or text message, made by an

automatic dial announcing device conveying a prerecorded or

synthesized voice message or an automatic dialing device with

electronic text message delivery capabilities and without the use of

a live operator in violation of the Oklahoma Consumer Protection Act

shall be voidable at the option of the consumer, unless it has been

memorialized in writing and signed by the consumer.
Okla. Stat. tit. 15, § 15-599.14 — OK Code / Title 15 / Section 15-599.14
Renumbered as Title 68, § 339 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-161 — OK Code / Title 15 / Section 15-161
Technical words
Status: in_force

Technical words are to be interpreted as usually understood by

persons in the profession or business to which they relate, unless

clearly used in a different sense.
Okla. Stat. tit. 15, § 15-377 — OK Code / Title 15 / Section 15-377
Exoneration of surety generally
Status: in_force

A surety is exonerated:

1. In like manner with a guarantor.

2. To the extent to which he is prejudiced by any act of the

creditor which would naturally prove injurious to the remedies of

the surety or inconsistent with his rights, or which lessens his

security; or,

3. To the extent to which he is prejudiced by an omission of

the creditor to do anything, when required by the surety, which it

is his duty to do.
Okla. Stat. tit. 15, § 15-113 — OK Code / Title 15 / Section 15-113
Contract void when consideration cannot be ascertained as
Status: in_force

agreed.

Where a contract provides an exclusive method by which its

consideration is to be ascertained, which method is on its face

impossible of execution, the entire contract is void: Provided,

that where a contract provides an exclusive method by which its

consideration is to be ascertained, which method appears possible on

its face, but in fact is, or becomes impossible of execution, such

provision only is void.
Okla. Stat. tit. 15, § 15-233 — OK Code / Title 15 / Section 15-233
Rescission - Cases when party may rescind
Status: in_force

A party to a contract may rescind the same in the following

cases only:

1. If the consent of the party rescinding, or of any party

jointly contracting with him, was given by mistake, or obtained

through duress, menace, fraud, or undue influence, exercised by or

with the connivance of the party as to whom he rescinds, or of any

other party to the contract jointly interested with such party.

2. If through the fault of the party as to whom he rescinds,

the consideration for his obligation fails in whole or in part.

3. If such consideration becomes entirely void from any cause.

4. If such consideration, before it is rendered to him,

fails in a material respect, from any cause;

5. By consent of all of the other parties; or

6. If the party against whom rescission is sought violates the

Oklahoma Consumer Protection Act, Section 751 et seq. of this title.

R.L. 1910, § 984. Amended by Laws 1999, c. 175, § 1, eff. Nov. 1,

1999.
Okla. Stat. tit. 15, § 15-518 — OK Code / Title 15 / Section 15-518
Surrender of thing to finder
Status: in_force

The owner of a thing found may exonerate himself from the claims

of the finder by surrendering it to him in satisfaction thereof.
Okla. Stat. tit. 15, § 15-910.2 — OK Code / Title 15 / Section 15-910.2
Manufacturer warranty - Repairs
Status: in_force

A. A manufacturer who sells an assistive device to a consumer,

either directly or through an assistive device dealer, shall furnish

the consumer with an express warranty for the assistive device. The

duration of the express warranty shall be not less than one (1) year

after first delivery of the assistive device to the consumer. In

the absence of an express warranty from the manufacturer, the

manufacturer shall be deemed to have expressly warranted to the

consumer of an assistive device that, for a period of one (1) year

from the date of first delivery to the consumer, the assistive

device will be free from any condition or defect which substantially

impairs the value of the assistive device to the consumer.

B. If a new assistive device does not conform to an applicable

express warranty and the consumer reports the nonconformity to the

manufacturer, the assistive device lessor or any of the

manufacturer's authorized assistive device dealers and makes the

assistive device available for repair before one (1) year after

return delivery of the assistive device to a consumer, the

nonconformity shall be repaired at no charge to the consumer.

C. If, after a reasonable attempt to repair, the nonconformity

is not repaired, the manufacturer shall carry out the requirement

set forth under Section 4 of this act.
Okla. Stat. tit. 15, § 15-132 — OK Code / Title 15 / Section 15-132
Express contract defined
Status: in_force

An express contract is one, the terms of which are stated in

words.
Okla. Stat. tit. 15, § 15-384 — OK Code / Title 15 / Section 15-384
Application of hypothecated property
Status: in_force

Whenever property of a surety is hypothecated with the property

of the principal, the surety is entitled to have the property of the

principal first applied to the discharge of the obligation.
Okla. Stat. tit. 15, § 15-788 — OK Code / Title 15 / Section 15-788
Reimbursement rate - Right to participate in third party
Status: in_force

prescription program.

A. No agreement between a program administrator and a pharmacy

shall establish reimbursement rates or procedures that result in the

reimbursement for goods or services relating to persons covered by

the plan which are less than the prevailing rates paid by ordinary

consumers for the same or similar legend or nonlegend drugs and

pharmaceutical services.

B. The reimbursement rate shall be limited to the maximum of

the ninetieth percentile of the range of prevailing rates charged by

Oklahoma pharmacies, and shall be determined each year.

C. No third party prescription program administrator shall deny

any pharmacy the opportunity to participate in any third party

prescription program offered in this state in a manner which will

restrain the right of a consumer to select a pharmacy.
Okla. Stat. tit. 15, § 15-16 — OK Code / Title 15 / Section 15-16
Persons of unsound mind, who are
Status: in_force

Persons of unsound mind within the meaning of this chapter are

incapacitated persons or partially incapacitated persons, as such

terms are defined by Section 1-111 of Title 30 of the Oklahoma

Statutes.

R.L. 1910, § 882. Amended by Laws 1998, c. 246, § 4, eff. Nov. 1,

1998.
Okla. Stat. tit. 15, § 15-373 — OK Code / Title 15 / Section 15-373
Liability of surety
Status: in_force

A surety cannot be held beyond the express terms of his

contract, and if such contract prescribes a penalty for its breach,

he cannot in any case be liable for more than the penalty.
Okla. Stat. tit. 15, § 15-653 — OK Code / Title 15 / Section 15-653
Purchase or sale other than in regular course of trade or
Status: in_force

business - Sales to employees.

No person in this state shall, by any method or procedure,

directly or indirectly, by itself or through any subsidiary agency

owned or controlled in whole or in part by such person, purchase, or

exhibit catalogs for the purchase of, any articles, material,

product or merchandise of whatever nature in the name of or on the

credit of such person, or at special discounts available to such

person, for any other purpose than for use or resale in the regular

course of business of such person, or sell, cause to be sold,

procure for sale or have in its possession or under its control for

sale to its employees any article, material, product or merchandise

of whatever nature not of its own production or not handled in its

regular course of trade or business; provided that nothing in this

act is intended or shall be construed as prohibiting the giving of

any such article, material, product or merchandise as an incentive,

award or gift; provided further, that this section shall not apply

to purchases by a person for the purpose of resale or gratuity to

its employees of tools, products and paraphernalia which are

consumed, used or worn by employees in the performance of such

employees' regular duties in such trade or business and are

beneficial to the health, safety and working conditions of such

employees.

Oklahoma Statutes - Title 15. Contracts Page 123

No person shall permit the use of its name, credit, facilities,

or the services of its employees, nor shall such person in any way

promote or sponsor the sale, offer of sale, or assistance in

negotiating or completing a sale to its employees through such

person at wholesale prices of any such merchandise not manufactured,

produced or customarily dealt in or handled by such person in the

regular course of its business; provided that nothing in this act is

intended or shall be construed as prohibiting any person qualified

under the laws of Oklahoma as a public service corporation from

promoting or sponsoring through established advertising media the

use and sale or equipment utilizing the product or service supplied

to the public by such person, or assisting established retail

dealers in the promotion of the sale and use of such equipment.

Provided however that nothing contained herein shall affect those

relationships existing between the producer of crops or livestock

and the person or persons supplying said producer with the means of

producing same.

No person engaged in the sale of merchandise shall misrepresent

the true nature of such business in any form of advertising by the

use of the words manufacturer, wholesaler, or retailer, or

otherwise, either in sales in its regular course of business or

sales to its employees.

Nothing in this act shall ever abridge or impair the right of

any person to freely contract with any other person concerning any

matter not prohibited hereby or by any other civil or criminal laws

of this state; and further, nothing in this act shall prohibit any

person from enjoying the rights guaranteed by Section 2 of Article

II of the Constitution; nor shall any person by this act be denied

the right to freely speak and write upon all subjects as guaranteed

by Section 22, Article II of the Constitution.
Okla. Stat. tit. 15, § 15-910.3 — OK Code / Title 15 / Section 15-910.3
Required actions of manufacturer after failure to repair
Status: in_force

- Refunds.

A. If, after a reasonable attempt to repair, the nonconformity

is not repaired, then at the direction of a consumer described under

subparagraph a, b or c of paragraph 5 of Section 2 of this act, the

manufacturer shall do one of the following:

Oklahoma Statutes - Title 15. Contracts Page 217

1. Accept return of the assistive device and replace the

assistive device with a comparable new assistive device and refund

any collateral costs; or

2. Accept return of the assistive device and refund to the

consumer and to any holder of a perfected security interest in the

consumer's assistive device, as their interest may appear, the full

purchase price plus any finance charge amount paid by the consumer

at the point of sale and collateral costs, less a reasonable

allowance for use. A reasonable allowance for use may not exceed

the amount obtained by multiplying the full purchase price of the

assistive device by a fraction, the denominator of which is one

thousand eight hundred twenty-five (1,825) and the numerator of

which is the number of days that the assistive device was used

before the consumer first reported the nonconformity to the

assistive device dealer.

B. 1. With respect to a consumer described under subparagraph

d of paragraph 5 of Section 2 of this act, accept return of the

assistive device, refund to the assistive device lessor and to any

holder of a perfected security interest in the assistive device, as

their interest may appear, the current value of the written lease

and refund to the consumer the amount that the consumer paid under

the written lease plus any collateral costs, less a reasonable

allowance for use.

2. The current value of the written lease equals the total

amount for which that lease obligates the consumer during the period

of the lease remaining after its early termination, plus the

assistive device dealer's early termination costs and the value of

the assistive device at the lease expiration date if the lease sets

forth that value less the assistive device lessor's early

termination savings.

3. A reasonable allowance for use may not exceed the amount

obtained by multiplying the total amount for which the written lease

obligates the consumer by a fraction, the denominator of which is

one thousand eight hundred twenty-five (1,825) and the numerator of

which is the number of days that the consumer used the assistive

device before first reporting the nonconformity to the manufacturer,

assistive device lessor or assistive device dealer.
Okla. Stat. tit. 15, § 15-17 — OK Code / Title 15 / Section 15-17
Disabilities of minor - What contracts prohibited
Status: in_force

A minor cannot give a delegation of power, nor make a contract

relating to real property, or any interest therein, or relating to

any personal property not in his immediate possession or control,

except as otherwise specially provided.
Okla. Stat. tit. 15, § 15-1012 — OK Code / Title 15 / Section 15-1012
Construction of power relating to insurance transactions
Status: in_force

CONSTRUCTION OF POWER RELATING TO INSURANCE TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to insurance and annuity transactions empowers the

agent to:

1. Continue, pay the premium or assessment on, modify, rescind,

release, or terminate a contract procured by or on behalf of the

principal which insures or provides an annuity to either the

principal or another person, whether or not the principal is a

beneficiary under the contract;

2. Procure new, different, and additional contracts of

insurance and annuities for the principal and the principal's

spouse, children, and other dependents and select the amount, type

of insurance or annuity, and mode of payment;

3. Pay the premium or assessment on, modify, rescind, release,

or terminate a contract of insurance or annuity procured by the

agent;

4. Designate the beneficiary of the contract, but an agent may

be named a beneficiary of the contract, or an extension, renewal, or

substitute for it, only to the extent the agent was named as a

beneficiary under a contract procured by the principal before

executing the power of attorney;

5. Apply for and receive a loan on the security of the contract

of insurance or annuity;

6. Surrender and receive the cash surrender value;

7. Exercise an election;

8. Change the manner of paying premiums;

9. Change or convert the type of insurance contract or annuity,

with respect to which the principal has or claims to have a power

described in this section;

10. Change the beneficiary of a contract of insurance or

annuity, but the agent may not be designated a beneficiary except to

the extent permitted by paragraph 4 of this section;

11. Apply for and procure government aid to guarantee or pay

premiums of a contract of insurance on the life of the principal;

12. Collect, sell, assign, hypothecate, borrow upon, or pledge

the interest of the principal in a contract of insurance or annuity;

and

13. Pay from proceeds or otherwise, compromise or contest, and

apply for refunds in connection with, a tax or assessment levied by

a taxing authority with respect to a contract of insurance or

annuity or its proceeds or liability accruing by reason of the tax

or assessment.
Okla. Stat. tit. 15, § 15-233B — OK Code / Title 15 / Section 15-233B
Form of relief in actions for rescission
Status: in_force

In an action, counter claim, cross claim or plea in intervention

based on the theory of rescission of a contract, the court shall

adjust the equities between the parties, and although the action is

tried to a jury, the court may require the party to whom relief

based on rescission is granted to make that compensation to the

other party which may be required. If the court determines that the

contract may not be rescinded, it may grant damages or any other

relief to which the party may be entitled, whether or not such

relief is sought in the pleadings.
Okla. Stat. tit. 15, § 15-1 — OK Code / Title 15 / Section 15-1
Contract defined
Status: in_force

A contract is an agreement to do or not to do a certain thing.
Okla. Stat. tit. 15, § 15-34 — OK Code / Title 15 / Section 15-34
Construction
Status: in_force

This act shall be so interpreted and construed as to effectuate

its general purpose to make uniform the law of those states which

enact it.
Okla. Stat. tit. 15, § 15-599.7 — OK Code / Title 15 / Section 15-599.7
Renumbered as Title 68, § 332 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-29 — OK Code / Title 15 / Section 15-29
Beneficiary may enforce
Status: in_force

A contract, made expressly for the benefit of a third person,

may be enforced by him at any time before the parties thereto

rescind it.
Okla. Stat. tit. 15, § 15-70 — OK Code / Title 15 / Section 15-70
Certain acts as acceptance
Status: in_force

Performance of the conditions of a proposal, or the acceptance

of the consideration offered with a proposal, is an acceptance of

the proposal.
Okla. Stat. tit. 15, § 15-902 — OK Code / Title 15 / Section 15-902
Installation or reinstallation of object in lieu of airbag
Status: in_force

- Violation - Penalty.

Any person who knowingly, without the owner's written consent,

installs or reinstalls any object in lieu of an airbag that was

designed in accordance with federal safety regulations for the make,

model, and year of vehicle, as part of a vehicle inflatable

restraint system, is guilty of a misdemeanor punishable by a fine of

up to Five Thousand Dollars ($5,000.00) per offense, or by

confinement in the county jail for up to one (1) year, or by both

fine and confinement.
Okla. Stat. tit. 15, § 15-598.2 — OK Code / Title 15 / Section 15-598.2
Definitions
Status: in_force

For the purposes of the Unfair Sales Act:

1. “Cost to the retailer” means the invoice cost of the

merchandise to the retailer or the replacement cost of the

merchandise to the retailer, whichever is the lower; less all trade

discounts except customary discounts for cash; to which shall be

added (a) freight charges not otherwise included in the invoice cost

or the replacement cost of the merchandise as herein set forth, and

(b) cartage to the retail outlet if done or paid for the retailer,

which cartage cost, in the absence of proof of a lesser cost, shall

be deemed to be three-fourths of one percent (3/4 of 1%) of the cost

to the retailer as herein defined after adding thereto freight

charges but before adding thereto cartage, and taxes, and (c) all

state and federal taxes not heretofore added to the cost as such;

Oklahoma Statutes - Title 15. Contracts Page 115

2. “Cost to the wholesaler” means the invoice cost of the

merchandise to the wholesaler, or the replacement cost of the

merchandise to the wholesaler, whichever is the lower; less all

trade discounts except customary discounts for cash; to which shall

be added, (a) freight charges, not otherwise included in the invoice

cost or the replacement cost of the merchandise as herein set forth,

and (b) cartage to the retail outlet if done or paid for by the

wholesaler, which cartage cost, in the absence of proof of a lesser

cost, shall be deemed to be three-fourths of one percent (3/4 of 1%)

of the cost to the wholesaler as herein set forth after adding

thereto freight charges but before adding thereto cartage, and

taxes, and (c) all state and federal taxes not heretofore added to

the cost as such;

3. “Replacement costs” means the cost per unit at which the

merchandise sold or offered for sale could have been bought by the

seller at any time within thirty (30) days prior to the date of sale

or the date upon which it is offered for sale by the seller if

bought in the same quantity or quantities as the seller’s last

purchase of said merchandise.

When one or more items advertised, offered for sale, or sold

with one or more other items at a combined price, or advertised,

offered as a gift, or given with the sale of one or more other

items, each and all of the items shall be deemed to be advertised,

offered for sale, or sold, and the price of each item named shall be

governed by the provisions of paragraph 1 or 2 of this section,

respectively;

4. “Retailer” means and includes every person, partnership,

corporation, or association engaged in the business of making sales

at retail within this state; provided, that, in the case of a

person, partnership, corporation, or association engaged in the

business of making both sales at retail and sales at wholesale, such

term shall be applied only to the retail portion of such business;

5. “Sell at retail”, “sales at retail”, and “retail sale” mean

and include any transfer for valuable consideration made in the

ordinary course of trade or in the usual prosecution of the seller’s

business of title to tangible personal property to the purchaser for

consumption or use other than resale or further processing or

manufacturing. Such terms shall include any transfer of property

where title is retained by the seller as security for the payment of

the purchase price;

6. “Sell at wholesale”, “sales at wholesale”, and “wholesale

sales” mean and include any transfer for a valuable consideration

made in the ordinary course of trade or the usual conduct of the

seller’s business, of title to tangible personal property to the

purchaser for purposes of resale or further processing or

manufacturing. Such terms shall include any transfer of property

Oklahoma Statutes - Title 15. Contracts Page 116

where title is retained by the seller as security for the payment of

the purchase price; and

7. “Wholesaler” means and includes every person, partnership,

corporation, or association engaged in the business of making sales

at wholesale within this state; provided, that, in the case of a

person, partnership, corporation, or association engaged in the

business of making both sales at wholesale and sales at retail, such

term shall be applied only to the wholesale portion of such

business.
Okla. Stat. tit. 15, § 15-219B — OK Code / Title 15 / Section 15-219B
Solicitation of employees
Status: in_force

A contract or contractual provision which prohibits an employee

or independent contractor of a person or business from soliciting,

directly or indirectly, actively or inactively, the employees or

independent contractors of that person or business to become

employees or independent contractors of another person or business

shall not be construed as a restraint from exercising a lawful

profession, trade or business of any kind. Sections 217, 218, 219

Oklahoma Statutes - Title 15. Contracts Page 66

and 219A of Title 15 of the Oklahoma Statutes shall not apply to

such contracts or contractual provisions.
Okla. Stat. tit. 15, § 15-152 — OK Code / Title 15 / Section 15-152
Intent controls
Status: in_force

A contract must be so interpreted as to give effect to the

mutual intention of the parties, as it existed at the time of

contracting, so far as the same is ascertainable and lawful.
Okla. Stat. tit. 15, § 15-296 — OK Code / Title 15 / Section 15-296
Repair of injuries
Status: in_force

A borrower for use must repair all deteriorations or injuries to

the thing lent, which are occasioned by his negligence, however

slight.
Okla. Stat. tit. 15, § 15-64 — OK Code / Title 15 / Section 15-64
Mistake of law defined
Status: in_force

Mistakes of law constitute a mistake within the meaning of this

article only when it arises from:

1. A misapprehension of the law by all parties, all supposing

that they knew and understood it, and all making substantially the

same mistake as to the law; or,

2. A misapprehension of the law by one party, of which the

others are aware at the time of contracting, but which they do not

rectify.
Okla. Stat. tit. 15, § 15-775C.2 — OK Code / Title 15 / Section 15-775C.2
Definitions
Status: in_force

As used in the Telephone Solicitation Act of 2022:

1. "Called party" means a person who is the regular user of the

telephone number that receives a commercial telephonic sales call;

Oklahoma Statutes - Title 15. Contracts Page 171

2. "Caller identification service" means a service that allows

a telephone subscriber to have the telephone number and, where

available, the name of the calling party transmitted

contemporaneously with the telephone call and displayed on a device

in or connected to the subscriber's telephone;

3. "Prior express written consent" means a written agreement

that:

a. bears the signature of the called party,

b. clearly authorizes the person making or allowing the

placement of a commercial telephonic sales call by

telephone call, text message, or voicemail

transmission to deliver or cause to be delivered to

the called party a commercial telephonic sales call

using an automated system for the selection or dialing

of telephone numbers, the playing of a recorded

message when a connection is completed to a number

called, or the transmission of a prerecorded

voicemail,

c. includes the telephone number to which the signatory

authorizes a commercial telephonic sales call to be

delivered, and

d. includes a clear and conspicuous disclosure informing

the called party that:

(1) by executing the agreement, the called party

authorizes the person making or allowing the

placement of a commercial telephonic sales call

to deliver or cause to be delivered a commercial

telephonic sales call to the called party using

an automated system for the selection or dialing

of telephone numbers or the playing of a recorded

message when a connection is completed to a

number called, and

(2) he or she is not required to sign the written

agreement directly or indirectly or to agree to

enter into such an agreement as a condition of

purchasing any property, goods, or services; and

4. "Signature" includes an electronic or digital signature, to

the extent that such form of signature is recognized as a valid

signature under applicable federal law or state contract law.
Okla. Stat. tit. 15, § 15-689 — OK Code / Title 15 / Section 15-689
Act not exclusive - Noncompliance - Violations - Remedies
Status: in_force

- Application of act.

A. The provisions of the Invention Development Services Act are

not exclusive and do not relieve the parties or the contract from

compliance with all other applicable provisions of law.

B. Any contract for invention development services that does

not comply with the applicable provisions of the Invention

Development Services Act shall be unenforceable against the customer

as contrary to public policy, provided that no contract shall be

unenforceable if the invention developer proves that noncompliance

was unintentional and resulted from a bona fide error in spite of

the invention developer's use of reasonable procedures adopted to

avoid any such errors, and if the invention developer makes an

appropriate correction.

C. Any contract for invention development services entered into

by a customer with an invention developer who has used any fraud,

false pretense, false promise, misrepresentation, misleading

statement or deceptive practice in respect to that customer with the

intent that the customer rely thereon, whether or not the customer

was in fact misled, deceived or damaged, shall be unenforceable

against the customer. Any waiver by the customer of the provisions

of the Invention Development Services Act shall be deemed contrary

to public policy and shall be void and unenforceable.

D. Any person who has been injured by a violation of the

Invention Development Services Act by an invention developer, by any

false or fraudulent statement, representation or omission of

material fact by an invention developer or by failure of an

invention developer to make all of the disclosures required by the

Invention Development Services Act may bring a civil action against

the invention developer for the damages sustained together with

costs and disbursements, including reasonable attorneys fees. The

court in its discretion may increase the award of damages to an

Oklahoma Statutes - Title 15. Contracts Page 133

amount not to exceed three times the damages sustained or Two

Thousand Five Hundred Dollars ($2,500.00), whichever is greater.

E. Failure to make the disclosures required by Section 6 of

this act shall render any contract subsequently entered into between

the customer and the invention developer voidable by the customer.

F. The provision of the Invention Development Services Act

shall have no effect on any contract or agreement entered into prior

to September 1, 1991.
Okla. Stat. tit. 15, § 15-775B.5 — OK Code / Title 15 / Section 15-775B.5
Rules
Status: in_force

The Attorney General is authorized to adopt and promulgate rules

for the implementation, administration, and enforcement of the

Telemarketer Restriction Act.
Okla. Stat. tit. 15, § 15-820 — OK Code / Title 15 / Section 15-820
Frequency and time period of payments to prime contractor
Status: in_force

- Exemption - Suspension and resumption of work.

A. Bid Projects.

1. On all private construction projects in which a set of plans

or specifications or both plans and specifications are issued for

bid, the owner shall specify in writing the frequency and time

period for payments to the prime contractor. The general

specifications and the first page of all bid plans shall include the

following, or substantially similar, language:

OWNER SHALL ISSUE PAYMENTS WITH A FREQUENCY OF __________.

OWNER SHALL ISSUE EACH PAYMENT TO THE PRIME CONTRACTOR WITHIN

________ DAYS AFTER RECEIPT OF CONTRACTOR’S BILLING.

Any resulting contract shall include the payment frequency and time

period prescribed in the general specifications and bid plans. An

architect, engineer, or other entity preparing the plans and

specifications for the owner shall not be liable for the failure to

include the payment terms on a set of plans or specifications used

for bidding purposes.

2. If the owner fails to comply with the provisions of

paragraph 1 of this subsection, the following shall be applicable:

a. the owner shall make monthly progress payments, and

b. payments shall be due within twenty-eight (28)

calendar days after receipt of billing.

3. The owner may reduce the progress payment as provided for in

the contract.

Oklahoma Statutes - Title 15. Contracts Page 210

4. Subcontractors shall be paid by the prime contractor within

ten (10) calendar days of payment from the owner, or as otherwise

agreed to by the parties. Payment may be reduced as provided for in

the subcontract.

B. Private Negotiated Projects.

1. The provisions of subsection A of this section shall not be

applicable to private negotiated projects.

2. An owner may choose to negotiate a construction contract

with a contractor, and may also choose to keep the payment terms of

that contract private.

3. If a contractor invites a subcontractor to bid on any

portion of a negotiated project, the contractor shall clearly define

the contractor’s payment term upon issuance of the invitation to

bid. Such payment term shall be defined as to the frequency that

payments shall be made, and a specific day of the month that the

subcontractor shall expect to receive each payment.

4. Any subcontract negotiated pursuant to this subsection shall

include the same payment terms as were represented by the prime

contractor to the subcontractor prior to the acceptance of the bid

of the subcontractor. Payment may be reduced as provided for in the

subcontract.

C. Suspension of Work for Bid Projects and Private Negotiated

Projects.

1. The prime contractor may suspend work:

a. when payment has not been received within ten (10)

calendar days of the date payment should have been

received,

b. if the prime contractor has complied with the

contract, and

c. if the prime contractor has given the owner ten (10)

calendar days written notice of work suspension

delivered by certified mail or other verifiable

service.

2. Subcontractors may suspend work:

a. when payment has not been received within ten (10)

calendar days of the date payment should have been

received,

b. if the subcontractor has complied with the

subcontract, and

c. if the subcontractor has given the prime contractor

ten (10) calendar days written notice of work

suspension delivered by certified mail or other

verifiable service.

D. Resumption of Work.

No prime contractor or subcontractor shall be required to resume

work until:

Oklahoma Statutes - Title 15. Contracts Page 211

1. Receipt of full payment of undisputed portions of

outstanding billing;

2. The contracted work schedule is extended the number of days

of delay; and

3. A change order is issued for the verifiable direct cost of

suspension, delay and start-up.
Okla. Stat. tit. 15, § 15-221 — OK Code / Title 15 / Section 15-221
"Construction agreement" defined - Limitations on
Status: in_force

liability arising out of death or bodily injury void - Exceptions.

A. For purposes of this section, “construction agreement” means

a contract, subcontract, or agreement for construction, alteration,

renovation, repair, or maintenance of any building, building site,

structure, highway, street, highway bridge, viaduct, water or sewer

system, or other works dealing with construction, or for any moving,

demolition, excavation, materials, or labor connected with such

construction.

B. Except as provided in subsection C or D of this section, any

provision in a construction agreement that requires an entity or

that entity’s surety or insurer to indemnify, insure, defend or hold

harmless another entity against liability for damage arising out of

death or bodily injury to persons, or damage to property, which

arises out of the negligence or fault of the indemnitee, its agents,

representatives, subcontractors, or suppliers, is void and

unenforceable as against public policy.

C. The provisions of this section do not affect any provision

in a construction agreement that requires an entity or that entity’s

surety or insurer to indemnify another entity against liability for

damage arising out of death or bodily injury to persons, or damage

to property, but such indemnification shall not exceed any amounts

that are greater than that represented by the degree or percentage

of negligence or fault attributable to the indemnitor, its agents,

representatives, subcontractors, or suppliers.

D. This section shall not apply to construction bonds nor to

contract clauses which require an entity to purchase a project-

specific insurance policy, including owners’ and contractors’

protective liability insurance, project management protective

liability insurance, or builder’s risk insurance.

E. Any provision, covenant, clause or understanding in a

construction agreement that conflicts with the provisions and intent

of this section or attempts to circumvent this section by making the

agreement subject to the laws of another state, or that requires any

litigation, arbitration or other dispute resolution proceeding

arising from the agreement to be conducted in another state, is void

and unenforceable.
Okla. Stat. tit. 15, § 15-423 — OK Code / Title 15 / Section 15-423
Indemnity against unlawful act valid if act already done
Status: in_force

An agreement to indemnify a person against an act already done

is valid even though the act was known to be wrongful unless it was

a felony.
Okla. Stat. tit. 15, § 15-215 — OK Code / Title 15 / Section 15-215
Amount presumed to be damages, provision for
Status: in_force

A. A stipulation or condition in a contract except a contract

to purchase and sell real property, providing for the payment of an

amount which shall be presumed to be the amount of damage sustained

by a breach of such contract, shall be held valid, when, from the

nature of the case, it would be impracticable or extremely difficult

to fix the actual damage.

B. A provision in a real estate sales contract, providing for

the payment of anamount which shall be presumed to be the amount of

damages sustained by a breach of such contract, shall be held valid

and not a penalty, when such amount does not exceed five percent

(5%) of the purchase price. In the event such amount exceeds five

percent (5%) of the purchase price, such provision shall be held

invalid and a penalty unless the party seeking to uphold the

provision establishes that such amount is reasonable. If such

provision is valid under this subsection, the limitations of Section

28 of Title 23 of the Oklahoma Statutes do not apply.
Okla. Stat. tit. 15, § 15-337 — OK Code / Title 15 / Section 15-337
Revocation of continuing guaranty
Status: in_force

A continuing guaranty may be revoked at any time by the

guarantor, in respect to future transactions, unless there is a

continuing consideration as to such transaction which he does not

renounce.
Okla. Stat. tit. 15, § 15-57 — OK Code / Title 15 / Section 15-57
Kinds of fraud
Status: in_force

Fraud is either actual or constructive.
Okla. Stat. tit. 15, § 15-951 — OK Code / Title 15 / Section 15-951
Short title
Status: in_force

This act shall be known and may be cited as the Aftermarket

Crash Parts Regulation Act.
Okla. Stat. tit. 15, § 15-1010 — OK Code / Title 15 / Section 15-1010
Construction of power relating to banking and other
Status: in_force

financial institution transactions.

CONSTRUCTION OF POWER RELATING TO BANKING

AND OTHER FINANCIAL INSTITUTION TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to banking and other financial institution transactions

empowers the agent to:

1. Continue, modify, and terminate an account or other banking

arrangement made by or on behalf of the principal;

2. Establish, modify, and terminate an account or other banking

arrangement with a bank, trust company, savings and loan

association, credit union, thrift company, brokerage firm, or other

financial institution selected by the agent;

3. Hire a safe deposit box or space in a vault;

4. Contract to procure other services available from a

financial institution as the agent considers desirable;

5. Withdraw by check, order, or otherwise money or property of

the principal deposited with or left in the custody of a financial

institution;

Oklahoma Statutes - Title 15. Contracts Page 227

6. Receive bank statements, vouchers, notices, and similar

documents from a financial institution and act with respect to them;

7. Enter a safe deposit box or vault and withdraw or add to the

contents;

8. Borrow money at an interest rate agreeable to the agent and

pledge as security personal property of the principal necessary in

order to borrow, pay, renew, or extend the time of payment of a debt

of the principal;

9. Make, assign, draw, endorse, discount, guarantee, and

negotiate promissory notes, checks, drafts, and other negotiable or

nonnegotiable paper of the principal, or payable to the principal or

the principal's order, receive the cash or other proceeds of those

transactions, accept a draft drawn by a person upon the principal,

and pay it when due;

10. Receive for the principal and act upon a sight draft,

warehouse receipt, or other negotiable or nonnegotiable instrument;

11. Apply for and receive letters of credit, credit cards, and

traveler's checks from a financial institution, and give an

indemnity or other agreement in connection with letters of credit;

and

12. Consent to an extension of the time of payment with respect

to commercial paper or a financial transaction with a financial

institution.
Okla. Stat. tit. 15, § 15-141.23 — OK Code / Title 15 / Section 15-141.23
Fraudulent applications - Violations of act - Criminal
Status: in_force

penalties.

Except as otherwise provided in the Service Warranty Act, any

person who knowingly makes a false or otherwise fraudulent

application for license or registration, or who knowingly violates

any provision of the Service Warranty Act, in addition to being

subject to any applicable denial, suspension, revocation, or refusal

to renew or continue any license or registration, shall be subject

to criminal prosecution and if convicted shall be guilty of a

misdemeanor. Each instance of violation shall be considered a

separate offense.
Okla. Stat. tit. 15, § 15-33 — OK Code / Title 15 / Section 15-33
Enforceable obligations
Status: in_force

Any written obligation signed by a minor who is (a) sixteen (16)

years of age, with written approval of his parent or guardian, or

(b) sixteen (16) years of age and does not reside with a parent or

guardian, in consideration of an educational loan received by him

from any person, is enforceable as if he were an adult at the time

of execution, but only if, prior to the making of the educational

loan, the educational institution has certified in writing to the

Oklahoma Statutes - Title 15. Contracts Page 15

person making the educational loan that the minor is enrolled, or

has been accepted for enrollment, in the educational institution.
Okla. Stat. tit. 15, § 15-336 — OK Code / Title 15 / Section 15-336
Continuing guaranty
Status: in_force

A guaranty relating to a future liability of the principal,

under successive transactions, which either continues his liability

or from time to time renews it after it has been satisfied, is

called a continuing guaranty.
Okla. Stat. tit. 15, § 15-213 — OK Code / Title 15 / Section 15-213
Penalties void
Status: in_force

Except as expressly provided in Section 215 of this title,

penalties imposed by contract for any non-performance thereof, are

void. But this section does not render void such bonds or

Oklahoma Statutes - Title 15. Contracts Page 64

obligations, penal in form, as have heretofore been commonly used;

it merely rejects and avoids the penal clauses.
Okla. Stat. tit. 15, § 15-954 — OK Code / Title 15 / Section 15-954
Manufacturer's logo or name - Affixing to any aftermarket
Status: in_force

crash part.

Any aftermarket crash part supplied by a non-original equipment

manufacturer for use in this state after September 1, 1991, shall

have affixed thereto or inscribed thereon the logo or name of its

manufacturer. Such manufacturer's logo or name shall be visible

after installation whenever practicable.
Okla. Stat. tit. 15, § 15-109 — OK Code / Title 15 / Section 15-109
Effect of illegality of consideration
Status: in_force

If any part of a single consideration for one or more objects,

or of several considerations for a single object, is unlawful, the

entire contract is void.
Okla. Stat. tit. 15, § 15-141.35 — OK Code / Title 15 / Section 15-141.35
Cease and desist order – Procedure - Hearing
Status: in_force

A. Upon issuance of an emergency cease and desist order under

Section 4 of this act, the Insurance Commissioner shall serve on the

person affected by the order, by registered or certified mail,

return receipt requested, to the person's last-known address, or by

other lawful means, an order that contains a statement of the

charges and requires the person immediately to cease and desist from

the acts, methods or practices stated.

Oklahoma Statutes - Title 15. Contracts Page 58

B. 1. If a person affected by an emergency cease and desist

order seeks to contest that order, the person may request a hearing

before the Commissioner. The person affected must request the

hearing not later than thirty (30) days after the date on which the

person receives the order. A request to contest an order shall be

in writing and directed to the Commissioner and shall state the

grounds for the request to set aside or modify the order.

2. On receiving the request for a hearing, the Commissioner

shall serve notice of the time and place of the hearing at which the

person requesting the hearing shall have the opportunity to show

cause why the order should not be affirmed. The hearing shall be

held not later than ten (10) days after the date the Commissioner

receives the request for a hearing unless the parties mutually agree

to a later hearing date.

3. Pending the hearing, an emergency cease and desist order

shall continue in full force and effect unless the order is stayed

by the Commissioner.

4. The hearing on the order shall be conducted according to the

procedures for contested cases under the Administrative Procedures

Act.

5. At the hearing, the Commissioner shall affirm, modify or set

aside in whole or in part the emergency cease and desist order.

C. A person aggrieved by a final order and decision of the

Commissioner may seek judicial review pursuant to Section 318 of

Title 75 of the Oklahoma Statutes.

D. The Commissioner may recover reasonable attorney fees if

judicial action is necessary for enforcement of the order.

E. A cease and desist order is final thirty-one (31) days after

the date it is received if the person affected by the order does not

request a hearing as provided by subsection B of this section.
Okla. Stat. tit. 15, § 15-111 — OK Code / Title 15 / Section 15-111
Executory - How determined
Status: in_force

When a consideration is executory, it is not indispensable that

the contract should specify its amount or the means of ascertaining

it. It may be left to the decision of a third person, or regulated

by any specific standard.
Okla. Stat. tit. 15, § 15-141.24 — OK Code / Title 15 / Section 15-141.24
Civil actions
Status: in_force

A. Any person damaged by a violation of the provisions of the

Service Warranty Act may bring a civil action against a person

violating such provisions in the district court of the county in

which the alleged violator resides or has its principal place of

business or in the county in which the alleged violation occurred.

Upon adverse adjudication, the defendant shall be liable for actual

damages or Five Hundred Dollars ($500.00) whichever is greater,

together with court costs and reasonable attorney's fees incurred by

the plaintiff.

B. A service warranty and those contracts specified in

subparagraphs a through e of paragraph 17 of Section 141.2 of this

title 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 service warranty.

C. This section shall not be construed to authorize a civil

action against the Insurance Department, its employees, or the

Insurance Commissioner.

Oklahoma Statutes - Title 15. Contracts Page 52
Okla. Stat. tit. 15, § 15-675 — OK Code / Title 15 / Section 15-675
Short title
Status: in_force

Sections 1 through 5 of this act shall be known and may be cited

as the "Sales Representatives Recognition Act".
Okla. Stat. tit. 15, § 15-503b — OK Code / Title 15 / Section 15-503b
Liability for loss of or damage to property of guest
Status: in_force

Except as provided for in Section 2 of this act, whenever the

proprietor, manager or operator of any hotel, apartment hotel or inn

shall have complied with the provisions of Section 1 of this act

such proprietor, manager or operator shall not be liable for the

loss of or damage to personal property brought into such hotel,

apartment hotel or inn by any of the guests thereof exceeding Two

Hundred Fifty Dollars ($250.00) in value, whether such loss or

damage is occasioned by the negligence of such proprietor, manager

or operator, or his, her or its servants, or employees or otherwise;

nor shall such proprietor, manager or operator be liable for the

loss of or damages to any merchandise samples or merchandise for

sale unless the guests bringing such merchandise into such hotel,

apartment hotel or inn shall have given such proprietor, manager or

operator prior written notice of having the same in his possession,

together with the value thereof, and receipt of which notice shall

have been acknowledged in writing, but in no event shall such

liability exceed the sum of One Hundred Dollars ($100.00) for each

trunk and its contents; the sum of Seventy-five Dollars ($75.00) for

each valise and its contents; the sum of Twenty-five Dollars

($25.00) for each package, box or bundle; the sum of Fifty Dollars

($50.00) for all other miscellaneous effects and property including

wearing apparel, but in no event shall the total liability exceed

the sum of Two Hundred Fifty Dollars ($250.00), unless such

proprietor, manager or operator shall have contracted in writing

with such guest to assume a greater liability. In case of the loss

of or damage to any property left in any hotel, apartment hotel or

inn by a guest, after he has departed therefrom, and has ceased to

be a guest thereof, the liability of such proprietor, manager or

operator shall be that of "gratuitous bailee", and in such case the

extent of such liability shall be limited to not more than the sum

of Fifty Dollars ($50.00). In case of loss or damage to any

property while being transported to or from any hotel, apartment

hotel or inn by the proprietor, manager or operator thereof, for or

on behalf of such guest, the liability of such proprietor, manager

or operator shall be limited to the sum of One Hundred Dollars

($100.00) for each trunk and its contents; the sum of Seventy-five

Dollars ($75.00) for each valise and its contents; the sum of Twenty

Five Dollars ($25.00) for each package, box or bundle; the sum of

Fifty Dollars ($50.00) for all other miscellaneous effects and

Oklahoma Statutes - Title 15. Contracts Page 107

property, including wearing apparel, but in no event shall such

liability exceed the sum of Two Hundred Fifty Dollars ($250.00),

unless such proprietor, manager or operator shall have contracted in

writing with such guest to assume a greater liability.
Okla. Stat. tit. 15, § 15-335 — OK Code / Title 15 / Section 15-335
Guarantor not liable on unlawful contract - Disability of
Status: in_force

principal.

A guarantor is not liable if the contract of the principal is

unlawful; but he is liable notwithstanding any mere personal

disability of the principal, though the disability be such as to

make the contract void against the principal.
Okla. Stat. tit. 15, § 15-141.21 — OK Code / Title 15 / Section 15-141.21
Service warranty disclosure statement
Status: in_force

A service warranty shall contain a disclosure statement

containing substantially the following information: "This is not an

Oklahoma Statutes - Title 15. Contracts Page 51

insurance contract. Coverage afforded under this contract is not

guaranteed by the Oklahoma Insurance Guaranty Association".
Okla. Stat. tit. 15, § 15-151 — OK Code / Title 15 / Section 15-151
All contracts, public and private, interpreted by same
Status: in_force

rules.

All contracts, whether public or private, are to be interpreted

by the same rules, except as otherwise provided by law.
Okla. Stat. tit. 15, § 15-795 — OK Code / Title 15 / Section 15-795
Short title
Status: in_force

This act shall be known and may be cited as the “Gift

Certificate and Gift Card Disclosure Act”.
Okla. Stat. tit. 15, § 15-331 — OK Code / Title 15 / Section 15-331
Guaranty deemed unconditional
Status: in_force

A guaranty is to be deemed unconditional unless its terms import

some condition precedent to the liability of the guarantor.
Okla. Stat. tit. 15, § 15-680 — OK Code / Title 15 / Section 15-680
Short title
Status: in_force

This act shall be known and may be cited as the "Invention

Development Services Act".
Okla. Stat. tit. 15, § 15-1009 — OK Code / Title 15 / Section 15-1009
Construction of power relating to commodity and option
Status: in_force

transactions.

CONSTRUCTION OF POWER RELATING TO COMMODITY AND OPTION TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to commodity and option transactions empowers the agent

to buy, sell, exchange, assign, settle, and exercise commodity

futures contracts and call and put options on stocks and stock

indexes traded on a regulated option exchange, and establish,

continue, modify, and terminate option accounts with a broker.
Okla. Stat. tit. 15, § 15-141.19 — OK Code / Title 15 / Section 15-141.19
Administrative penalties
Status: in_force

A. If, pursuant to procedures provided in the Service Warranty

Act, it is found that one or more grounds exist for the suspension,

revocation, or refusal to renew or continue any registration issued

under the Service Warranty Act, on a first offense and except when

such suspension, revocation, or refusal is mandatory, an order may

be entered imposing upon the registrant, in lieu of such suspension,

Oklahoma Statutes - Title 15. Contracts Page 50

revocation, or refusal, an administrative penalty for each violation

in the amount of One Hundred Dollars ($100.00), or in the event of

willful misconduct or willful violation on the part of the

registrant, an administrative fine not to exceed One Thousand

Dollars ($1,000.00) for each violation. The administrative penalty

may be augmented by an amount equal to any commissions received by

or accruing to the credit of the registrant in connection with any

transaction to which the grounds for suspension, revocation, or

refusal are related. An administrative penalty imposed under this

section shall not exceed Five Thousand Dollars ($5,000.00) in the

aggregate for all nonwillful violations of a similar nature or One

Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for

all willful violations of a similar nature. For purposes of this

section, violations shall be of a similar nature if the violation

occurs within a single license or filing year and consists of the

same or similar course of conduct, action, or practice, irrespective

of the number of times the act, conduct, or practice which is

determined to be a violation of this act occurred.

B. The order may allow the registrant a reasonable period, not

to exceed thirty (30) days, within which to pay to the Insurance

Commissioner the amount of the penalty so imposed. If the

registrant fails to pay the penalty in its entirety to the

Commissioner within the period allowed, the registration of the

registrant shall stand suspended or revoked or renewal or

continuation may be refused, as the case may be, upon expiration of

such period and without any further proceedings.
Okla. Stat. tit. 15, § 15-141.10 — OK Code / Title 15 / Section 15-141.10
Revocation or suspension of license by order of Insurance Commissioner - Publication
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 2Insurance Commissioner - Publication of revocation or suspension.

A. Suspension or revocation of the license of a service

warranty association shall be by order of the Insurance Commissioner

mailed to the association by certified mail with return receipt

requested. The association shall not solicit or acquire any new

service warranties in this state during the period of any such

suspension or revocation.

B. At the discretion of the Commissioner, the Commissioner may

cause notice of any such revocation or suspension to be published in

one or more newspapers of general circulation published in this

state.
Okla. Stat. tit. 15, § 15-323 — OK Code / Title 15 / Section 15-323
Consideration
Status: in_force

Where a guaranty is entered into at the same time with the

original obligation, or with the acceptance of the latter by the

guarantee, and forms, with that obligation, a part of the

consideration to him, no other consideration need exist. In all

other cases there must be a consideration distinct from that of the

original obligation.
Okla. Stat. tit. 15, § 15-101 — OK Code / Title 15 / Section 15-101
Object of a contract
Status: in_force

The object of a contract is the thing which it is agreed, on the

part of the party receiving the consideration, to do or not to do.
Okla. Stat. tit. 15, § 15-799A.5 — OK Code / Title 15 / Section 15-799A.5
Reporting mechanism for consumers
Status: in_force

An online marketplace shall disclose to consumers in a clear and

conspicuous manner on the product listing of any high-volume third-

party seller a reporting mechanism that allows for electronic and

telephonic reporting of suspicious marketplace activity to the

online marketplace.
Okla. Stat. tit. 15, § 15-456 — OK Code / Title 15 / Section 15-456
Damages for wrongful use
Status: in_force

A bailee is liable for any damage happening to the thing bailed

during his wrongful use thereof, unless such damage must inevitably

have happened, though the property had not been thus used.
Okla. Stat. tit. 15, § 15-163 — OK Code / Title 15 / Section 15-163
Circumstances explain
Status: in_force

A contract may be explained by reference to the circumstances

under which it was made, and the matter to which it relates.
Okla. Stat. tit. 15, § 15-235 — OK Code / Title 15 / Section 15-235
Duty of party attempting rescission
Status: in_force

Rescission, when not effected by consent, can be accomplished

only by the use, on the part of the party rescinding, of reasonable

diligence to comply with the following rules:

1. He must rescind promptly, upon discovering the facts which

entitle him to rescind, if he is free from duress, menace, undue

influence, or disability, and is aware of his right to rescind; and,

2. He must restore to the other party everything of value which he

has received from him under the contract; or must offer to restore

the same, upon condition that such party shall do likewise, unless

the latter is unable, or positively refuses to do so.
Okla. Stat. tit. 15, § 15-776.23 — OK Code / Title 15 / Section 15-776.23
Unlawful acts - Exceptions - Penalties
Status: in_force

A. A caller may not knowingly insert false information into a

caller identification system with the intent to mislead, defraud or

deceive the recipient of a telephone call.

B. The provisions of this section shall not apply to:

1. Any blocking of caller identification information;

2. Any law enforcement agencies of the federal government, the

state government, a county or a municipality; or

3. Any intelligence or security agencies of the federal

government.

C. Any person who knowingly inserts false information with the

intent to mislead, defraud or deceive the recipient of a telephone

call into a caller identification system shall be guilty of a

misdemeanor and, upon conviction, shall be imprisoned in the county

jail for not more than one (1) year or fined not more than Ten

Thousand Dollars ($10,000.00) per incident, or by both such fine and

imprisonment.

D. All acts and practices declared to be unlawful in this

section shall, in addition, be violations of the Oklahoma Consumer

Protection Act.
Okla. Stat. tit. 15, § 15-796 — OK Code / Title 15 / Section 15-796
Definitions
Status: in_force

As used in the Gift Certificate and Gift Card Disclosure Act:

1. “Gift card” shall mean a plastic card or other electronic

payment device which is:

a. issued in a predenominated amount or in an amount

requested by the consumer,

b. usable to purchase goods and/or services only at a

single merchant or group of merchants that are

affiliated through common corporate ownership or

control, and

c. purchased by a consumer on a prepaid basis in exchange

for payment;

2. “Gift certificate” shall mean a written promise which is:

a. issued in a specified amount, indicated on its face,

and cannot be increased in value,

b. usable to purchase goods and/or services only at a

single merchant or a group of merchants that are

affiliated through common corporate ownership or

control, and

c. purchased by a consumer on a prepaid basis in exchange

for payment;

3. “Issuer” shall mean a person or entity engaged in the

business of offering goods and/or services for sale at retail who

sells gift certificates or gift cards to consumers; and

4. “Prepaid service arrangement” shall mean a method to

purchase specific services in advance and which enables the use of

the service through a unique access number or authorization code

provided manually or electronically to the service provider.

Oklahoma Statutes - Title 15. Contracts Page 200
Okla. Stat. tit. 15, § 15-566 — OK Code / Title 15 / Section 15-566
Prima facie evidence of illegality of contract and
Status: in_force

operation of bucketshop.

Every person shall furnish upon demand to any principal for whom

such person has executed any contract of sale for the future

delivery of any cotton, grain, stocks or other commodities a written

instrument setting forth the name and location of the exchange,

board of trade or similar institution upon which such contract has

been executed, the date of execution of the contract and the name

and address of the persons with whom such contract was executed and

if such person shall refuse or neglect to furnish such statement

upon reasonable demand, such refusal or neglect shall be prima facie

evidence that such contract was an illegal contract within the

provisions of Section 4, of this act, and that the person who

executed it was engaged in the maintenance and operation of a

"bucket shop" within the provisions of Section 7, of this act.
Okla. Stat. tit. 15, § 15-776.1 — OK Code / Title 15 / Section 15-776.1
Fraudulent electronic mail messages
Status: in_force

A. It shall be unlawful for a person to initiate an electronic

mail message that the sender knows, or has reason to know:

1. Misrepresents any information in identifying the point of

origin or the transmission path of the electronic mail message;

2. Does not contain information identifying the point of origin

or the transmission path of the electronic mail message;

3. Contains false, malicious, or misleading information which

purposely or negligently injures a person;

4. Falsely represents that it is being sent by a legitimate

online business;

5. Refers or links the recipient of the message to a web page

that is represented as being associated with a legitimate online

business with the intent to engage in conduct involving the

fraudulent use or possession of identifying information; or

6. Directly or indirectly induces, requests, or solicits the

recipient of the electronic mail message to provide identifying

information for a purpose the recipient believes is legitimate.

B. Any person violating the provisions of this section shall be

subject to a civil penalty of up to Five Hundred Dollars ($500.00).

C. All acts and practices declared to be unlawful by

subsections A and E of this section shall, in addition, be

violations of the Oklahoma Consumer Protection Act.

D. For purposes of this section, an electronic mail message

which is declared to be unlawful by subsection A of this section

shall be considered a fraudulent electronic mail message or a

fraudulent bulk electronic mail message and shall be deemed a Class

D1 felony offense punishable by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 15. Contracts Page 178

E. It shall be unlawful for any person to sell, give, or

otherwise distribute or possess with the intent to sell, give or

distribute software which:

1. Is primarily designed or produced for the purpose of

facilitating or enabling the falsification of electronic mail

transmission information or other routing information;

2. Has only limited commercially significant purpose or use

other than to facilitate or enable the falsification of electronic

mail transmission information or other routing information; or

3. Is marketed by that person or another acting in concert with

that person and with that person’s knowledge for use in facilitating

or enabling the falsification of electronic mail transmission

information or other routing information.

Any person who violates the provisions of this subsection 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, § 15-776.4 — OK Code / Title 15 / Section 15-776.4
Definitions
Status: in_force

For purposes of Sections 776.1 through 776.3 of this title:

1. “Electronic mail messages” means a message, file, or other

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

network regardless of whether the message, file, or other

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

on to paper or other similar material, or is filtered or screened by

a computer program that is designed or intended to filter or screen

items of electronic mail;

2. “Fraudulent electronic mail message” or “fraudulent bulk

electronic mail message” means any electronic mail message or bulk

electronic mail message which is declared unlawful by subsection A

of Section 776.1 of this title;

3. “Initiate the transmission” means the action of the original

sender of an electronic mail message, not to the action by any

intervening computer service that may handle or retransmit the

message;

4. “Computer network” means a set of related, remotely

connected devices and any communications facilities including more

than one computer with the capability to transmit data among them

through the communications facilities;

5. “Electronic mail service provider” means any person who:

a. is an intermediary in sending or receiving electronic

mail, and

Oklahoma Statutes - Title 15. Contracts Page 180

b. provides to end-users of electronic mail services the

ability to send or receive electronic mail;

6. “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,

c. unique electronic identification number, address, and

routing code, financial institution account number,

and

d. telecommunication identifying information or access

device; and

7. “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, § 15-13 — OK Code / Title 15 / Section 15-13
Minors defined - Computing period of minority
Status: in_force

Minors, except as otherwise provided by law, are persons under

eighteen (18) years of age.

The period thus specified must be calculated from the first

minute of the day on which a person is born to the same minute of

the corresponding day completing the period of minority.
Okla. Stat. tit. 15, § 15-221A — OK Code / Title 15 / Section 15-221A
Design professional services agreement defined –
Status: in_force

Limitations on liability arising out of death or bodily injury void

- Exceptions.

A. For purposes of this section, "design professional services

agreement" means a contract, subcontract or agreement by any person

or legal entity with an individual or legal entity possessing the

qualifications to provide licensed architectural, licensed

engineering, licensed land surveying services or other individuals

or legal entities possessing specialized credentials and

qualifications as may be needed to evaluate, plan or design for any

construction project for the improvement of real property.

B. Except as provided in subsection C or D of this section, any

provision in a design professional services agreement that requires

an entity or that entity's insurer to indemnify, insure, defend or

hold harmless another entity against liability for damage arising

out of death or bodily injury to persons or damage to property which

arises out of the negligence or fault of the indemnitee, its agents,

representatives, subcontractors, suppliers or an entity for whom an

indemnitor is not otherwise legally responsible is void and

unenforceable.

C. The provisions of this section do not affect any provision

in a design professional services agreement that requires an entity

or that entity's insurer to indemnify another entity against

liability for damage arising out of death or bodily injury to

persons or damage to property; provided, that a lawful

indemnification shall not exceed an amount that is proportionate to

the degree or percentage of negligence or fault for which the

indemnitor and an entity for which the indemnitor is legally

responsible are adjudicated liable.

D. This section shall not affect any obligation under workers'

compensation or coverage or insurance specifically relating to

workers' compensation.

E. Any provision, covenant, clause or understanding in a design

professional services agreement that conflicts with the provisions

and intent of this section or attempts to circumvent this section by

making the agreement subject to the laws of another state, or that

requires any litigation, arbitration or other dispute resolution

proceeding arising from the agreement to be conducted in another

state, is void and unenforceable.
Okla. Stat. tit. 15, § 15-106 — OK Code / Title 15 / Section 15-106
Good consideration defined
Status: in_force

Any benefit conferred, or agreed to be conferred upon the

promisor, by any other person, to which the promisor is not lawfully

entitled, or any prejudice suffered or agreed to be suffered by such

person, other than such as he is at the time of consent lawfully

bound to suffer, as an inducement to the promisor, is a good

consideration for a promise.
Okla. Stat. tit. 15, § 15-306 — OK Code / Title 15 / Section 15-306
Lender cannot modify contract
Status: in_force

A lender for exchange cannot require the borrower to fulfill his

obligations at a time, or in a manner, different from that which was

originally agreed upon.
Okla. Stat. tit. 15, § 15-216 — OK Code / Title 15 / Section 15-216
Resort to courts, provisions restricting - Limiting time
Status: in_force

therefor.

Every stipulation or condition in a contract, by which any party

thereto is restricted from enforcing his rights under the contract

by the usual legal proceedings in the ordinary tribunals, or which

limits the time within which he may thus enforce his rights, is

void.
Okla. Stat. tit. 15, § 15-445 — OK Code / Title 15 / Section 15-445
Bailment for safekeeping
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 101

A bailment for safekeeping is one in which the bailee is bound

to return the identical thing deposited.
Okla. Stat. tit. 15, § 15-760 — OK Code / Title 15 / Section 15-760
Enforcement of notice, demand or subpoena powers
Status: in_force

The district court of the county where the person served with

any notice, demand or subpoena resides or has his principal place

of business or the district court of Oklahoma County, Oklahoma, may

enforce compliance with any notice, demand or subpoena under this

act by order, the noncompliance with which shall be treated the same

as contempt of said court.
Okla. Stat. tit. 15, § 15-766 — OK Code / Title 15 / Section 15-766
Application of closing out provisions
Status: in_force

The provisions of this act relating to closing out sales shall

not apply to any forced sale of goods, wares or merchandise required

to be sold under order of any federal or state court, nor to farm

sales, community sales or to auction sales of farm or nursery

products, nor to the discontinuance of a particular line of goods,

wares or merchandise by a person continuing in business at the

present location.
Okla. Stat. tit. 15, § 15-133 — OK Code / Title 15 / Section 15-133
Implied contract defined
Status: in_force

An implied contract is one, the existence and terms of which are

manifested by conduct.
Okla. Stat. tit. 15, § 15-449 — OK Code / Title 15 / Section 15-449
Place of delivery
Status: in_force

A bailee must deliver the thing deposited at the residence or

place of business of the bailor, as may be most convenient for him.

R.L. 1910, § 1092.
Okla. Stat. tit. 15, § 15-599.3 — OK Code / Title 15 / Section 15-599.3
Renumbered as Title 68, § 328 by Laws 1981, c. 211, § 7,
Status: in_force

emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-765.5 — OK Code / Title 15 / Section 15-765.5
Short title
Status: in_force

This act shall be known and may be cited as the “Notice of

Opportunity to Repair Act”.
Okla. Stat. tit. 15, § 15-156 — OK Code / Title 15 / Section 15-156
Real intention not expressed - Error to be disregarded
Status: in_force

When through fraud, mistake, or accident, a written contract

fails to express the real intention of the parties, such intention

is to be regarded, and the erroneous parts of the writing

disregarded.
Okla. Stat. tit. 15, § 15-141.29 — OK Code / Title 15 / Section 15-141.29
Final order - Cease and desist order
Status: in_force

A. After the hearing, the Insurance Commissioner shall enter a

final order. If it is determined that the person charged has

engaged in an unfair or deceptive act or practice or the unlawful

transaction of service warranty business, the Commissioner also

shall issue an order requiring the violator to cease and desist from

engaging in such method of competition, act, or practice or the

unlawful transaction of service warranty business. Further, the

Commissioner may, at his or her discretion, order one or both of the

following penalties:

1. The suspension or revocation of the license of such person,

or eligibility for any license, if the person knew, or reasonably

should have known, he or she was in violation of the Service

Warranty Act; or

2. If it is determined that the person charged has provided or

offered to provide service warranties without proper licensure, the

imposition of an administrative penalty not to exceed One Thousand

Dollars ($1,000.00) for each service warranty contract offered or

effectuated.

B. Any person subject to an order of the Insurance Commissioner

under this section may obtain a review of such order by filing an

appeal in accordance with the provisions of the Administrative

Procedures Act.

C. Any person who violates a cease and desist order while such

order is in effect, after notice and hearing, is subject, at the

discretion of the Commissioner, to one or both of the following

penalties:

1. A monetary penalty of not more than Fifty Thousand Dollars

($50,000.00) as to all matters determined in such hearing; and

Oklahoma Statutes - Title 15. Contracts Page 56

2. The suspension or revocation of such person's license or

eligibility to hold a license.
Okla. Stat. tit. 15, § 15-250 — OK Code / Title 15 / Section 15-250
Application of act
Status: in_force

The provisions of the Fair Practices of Equipment Manufacturers,

Distributors, Wholesalers and Dealers Act shall apply to:

1. All dealer agreements now in effect which have no expiration

date and are continuing contracts; and

2. All other dealer agreements entered into or renewed after

November 1, 2011.

All other dealer agreements shall be governed by the law as it

existed prior to this act.
Okla. Stat. tit. 15, § 15-141.34 — OK Code / Title 15 / Section 15-141.34
Ex parte cease and desist order
Status: in_force

The Insurance Commissioner may issue a cease and desist order,

ex parte, if:

1. The Commissioner believes that:

a. an unauthorized service warranty association is

engaging in the business of service warranties in

violation of the Service Warranty Act, or

b. an unauthorized person engaged in the business of

service warranties acting in violation of the Service

Warranty Act is committing an unfair method of

competition or an unfair or deceptive act or practice

in violation of Section 141.26 of Title 15 of the

Oklahoma Statutes; or

2. It appears to the Commissioner that the alleged conduct is

fraudulent or hazardous or creates an immediate danger to the public

safety or is causing or can be reasonably expected to cause

significant, imminent and irreparable public injury.
Okla. Stat. tit. 15, § 15-155 — OK Code / Title 15 / Section 15-155
Intention ascertained from writing
Status: in_force

When a contract is reduced to writing, the intention of the

parties is to be ascertained from the writing alone, if possible,

subject, however, to the other provisions of this article.
Okla. Stat. tit. 15, § 15-22 — OK Code / Title 15 / Section 15-22
Persons without understanding - Contracts - Necessaries
Status: in_force

A person entirely without understanding has no power to make a

contract of any kind, but he is liable for the reasonable value of

things furnished to him necessary to his support or the support of

his family.
Okla. Stat. tit. 15, § 15-62 — OK Code / Title 15 / Section 15-62
Kinds of mistake
Status: in_force

Mistake may be either of fact or of law.
Okla. Stat. tit. 15, § 15-599.12 — OK Code / Title 15 / Section 15-599.12
Renumbered as Title 68, § 337 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-503c — OK Code / Title 15 / Section 15-503c
"Apartment hotel" defined
Status: in_force

An apartment hotel, within the meaning of this act, includes a

hotel wherein apartments are rented for fixed periods of time,

either furnished or unfurnished, to the occupants of which the

proprietor, manager or operator thereof supplies food, if required.
Okla. Stat. tit. 15, § 15-212.1 — OK Code / Title 15 / Section 15-212.1
Notice exempting business entity from liability for
Status: in_force

personal injury void.

Any notice given by a business entity which provides services or

facilities for profit to the general public and which seeks to

exempt the business entity from liability for personal injury caused

by or resulting from any acts of negligence on its part or on the

part of its servants or employees, shall be deemed void as against

public policy and wholly unenforceable.
Okla. Stat. tit. 15, § 15-211 — OK Code / Title 15 / Section 15-211
What contracts are unlawful
Status: in_force

Those contracts are unlawful which are:

1. Contrary to an express provision of law.

2. Contrary to the policy of express law, though not expressly

prohibited; or,

3. Otherwise contrary to good morals.
Okla. Stat. tit. 15, § 15-599.18 — OK Code / Title 15 / Section 15-599.18
Renumbered as Title 68, § 342 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-776.3 — OK Code / Title 15 / Section 15-776.3
Jurisdiction
Status: in_force

Transmitting or causing the transmission of fraudulent

electronic mail to or through a computer network of an electronic

mail service provider located in this state shall constitute an act

in this state. When jurisdiction over a person is based solely upon

this section, only a cause of action arising from acts enumerated in

this section may be asserted against that person. Nothing contained

in this act shall limit, restrict, or otherwise affect the

jurisdiction of any court of this state over foreign corporations

which are subject to service of process pursuant to the provision of

any other law.
Okla. Stat. tit. 15, § 15-504 — OK Code / Title 15 / Section 15-504
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Innkeeper Rights Act".
Okla. Stat. tit. 15, § 15-141.13v1 — OK Code / Title 15 / Section 15-141.13v1
Service warranty forms
Status: in_force

A. No service warranty form or related form shall be issued or

used in this state unless the form has been filed with and approved

by the Insurance Commissioner.

B. Each filing of a form shall be made not less than thirty

(30) days in advance of its issuance or use. At the expiration of

thirty (30) days from date of filing, a form so filed shall be

deemed approved unless prior thereto it has been affirmatively

disapproved by written order of the Commissioner.

C. Each service warranty contract shall contain a cancellation

provision. In the event the contract is canceled by the warranty

holder, return of the provider fee shall be based upon ninety

percent (90%) of the unearned pro rata provider fee less the actual

cost of any service provided under the service warranty contract.

In the event the contract is canceled by the association, return of

premium shall be based upon one hundred percent (100%) of unearned

pro rata provider fee less the actual cost of any service provided

under the service warranty contract.

D. Service contracts shall state the name, address and license

number of the service warranty association and shall identify any

administrator if different from the service warranty association,

the service contract seller and the service contract holder to the

extent that the name of the service contract holder has been

furnished by the service contract holder. For service contracts

issued on and after July 1, 2017, the identity of the service

warranty association and its license number shall either be

preprinted on the service contract or added by printer at the time

Oklahoma Statutes - Title 15. Contracts Page 46

of sale so consumers can clearly identify the obligor of the service

contract. Information to be printed at the time of sale shall be

indicated as such at the time the service contract is filed for

approval and a "Jane Doe" specimen shall accompany the service

contract illustrating how the service contract will look after

printing.

E. The Commissioner shall disapprove any form filed pursuant to

this section if the form:

1. Violates the Service Warranty Act;

2. Is misleading in any respect; or

3. Is reproduced so that any material provision is

substantially illegible.

F. The Insurance Commissioner may, by order, exempt from the

requirements of this section for so long as he or she deems proper

any document or form or type thereof as specified in such order, to

which, in his or her discretion, this section may not practicably be

applied, or the filing and approval of which are, in his or her

opinion, not desirable or necessary for the protection of the

public.
Okla. Stat. tit. 15, § 15-774.1 — OK Code / Title 15 / Section 15-774.1
Prohibited use or sale of software to be used on ticket
Status: in_force

sellers' websites.

A. A person shall not:

1. Use software to circumvent, thwart, interfere with, or evade

a security measure, access control system, or other control measure

on a ticket seller’s Internet website; or

2. Sell software that is advertised for profit with the express

purpose to circumvent, thwart, interfere with, or evade a security

measure, access control system, or other control or measure on a

ticket seller’s Internet website.

B. The user or seller shall be in violation of subsection A of

this section if the user or seller knows or should know that:

1. The purpose of the software is to circumvent, thwart,

interfere with, or evade a security measure, access control system,

or other control or measure on a ticket seller’s Internet website in

order to purchase admission tickets during the initial sale or

presale for an event held at a place of entertainment; or

2. The use of the software led to the admission tickets being

resold on the initial seller’s Internet website or an Internet site

used for the resell of admission tickets for a price above the

admission ticket’s initial cost.

C. Any violation of this section shall constitute an unlawful

business practice and shall be subject to the provisions of the

Oklahoma Consumer Protection Act.
Okla. Stat. tit. 15, § 15-162 — OK Code / Title 15 / Section 15-162
What law governs
Status: in_force

A contract is to be interpreted according to the law and usage

of the place where it is to be performed, or, if it does not

indicate a place of performance, according to the law and usage of

the place where it is made.
Okla. Stat. tit. 15, § 15-656 — OK Code / Title 15 / Section 15-656
Injunction - Costs - Damages
Status: in_force

(a) Any person injured by any violation, or who shall suffer

injury from any threatened violation of this act, may maintain an

action in any court of equitable jurisdiction to prevent, restrain,

Oklahoma Statutes - Title 15. Contracts Page 124

or enjoin such violation or threatened violation. If in such action

a violation or threatened violation of this act shall be

established, the court shall enjoin and restrain, or otherwise

prohibit, such violation or threatened violation, and, in addition

thereto the court shall assess in favor of the plaintiff and against

the defendant the costs of suit. In such action, if actual damages

to the plaintiff are alleged and proved, the plaintiff in said

action, in addition to such injunctive relief and costs of suit

shall be entitled to recover from the defendant the actual damages

sustained by him.

(b) In the event that no injunctive relief is sought or

required, any person injured by a violation of this act may maintain

an action for damages and costs of suit in any court of general

jurisdiction.
Okla. Stat. tit. 15, § 15-688 — OK Code / Title 15 / Section 15-688
Maintenance of records and correspondence
Status: in_force

Every invention developer shall maintain all records and

correspondence relating to performance of each invention development

contract for a period of not less than three (3) years after

expiration of the term of the contract.
Okla. Stat. tit. 15, § 15-599.17 — OK Code / Title 15 / Section 15-599.17
Renumbered as Title 68, § 341 by Laws 1981, c. 211, §
Status: in_force

7, emerg. eff. June 1, 1981.
Okla. Stat. tit. 15, § 15-141.3 — OK Code / Title 15 / Section 15-141.3
Enforcement of act
Status: in_force

The Insurance Commissioner shall enforce the provisions of the

Service Warranty Act and shall adopt and promulgate rules and

procedures to implement the provisions of the Service Warranty Act.
Okla. Stat. tit. 15, § 15-799A.7 — OK Code / Title 15 / Section 15-799A.7
Attorney General – Civil action authority
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 208

A. If the Attorney General has reason to believe that any

online marketplace has violated or is violating this act or a

regulation promulgated under this act that affects one or more

residents of this state, the Attorney General may bring a civil

action in district court to:

1. Enjoin further violation by the defendant;

2. Enforce compliance with this act or such regulation;

3. Obtain civil penalties in the amount set under regulations

promulgated under this act;

4. Obtain other remedies permitted under state law; or

5. Obtain damages, restitution, or other compensation on behalf

of residents of this state.

B. For purposes of bringing a civil action under subsection A

of this section, nothing in this act shall be construed to prevent

the Attorney General from exercising the powers conferred on the

Attorney General by the laws of this state to conduct

investigations, administer oaths or affirmations, or compel the

attendance of witnesses or the production of documentary and other

evidence.

C. If no federal law that requires online marketplaces to

verify and disclose information as described in this act goes into

effect prior to January 1, 2023, the Attorney General may promulgate

rules necessary to implement and enforce this act.
Okla. Stat. tit. 15, § 15-759 — OK Code / Title 15 / Section 15-759
Service of notice, demand or subpoena
Status: in_force

Service of any notice, demand or subpoena under this act shall

be made in accordance with the statutes of this state.
Okla. Stat. tit. 15, § 15-791 — OK Code / Title 15 / Section 15-791
Definitions
Status: in_force

As used in this act:

1. “Child sexual abuse material” means the same as used in

Section 1024.1 of Title 21 of the Oklahoma Statutes;

2. “Child sexual exploitation” means the same as used in

Section 843.5 of Title 21 of the Oklahoma Statutes;

3. “Commercial entity” means a corporation, limited liability

company, partnership, limited partnership, sole proprietorship, or

other legally recognized entity;

4. “Digitized identification card” means a data file available

on any mobile device, which has connectivity to the Internet,

through a state-approved application that allows the mobile device

to download the data file from a state agency or any authorized

agent of a state agency that contains all of the data elements

visible on the face and back of a license or identification card and

displays the current state of the licensed or identification card;

5. “Distribute” means to issue, sell, give, provide, deliver,

transfer, transmit, circulate, or disseminate by any means;

6. “Harmful to minors” means the same as defined in Section

1040.75 of Title 21 of the Oklahoma Statutes;

7. “Internet” means the international computer network of both

federal and nonfederal interoperable packet switched data networks;

8. “Minor” means any person eighteen (18) years of age or

younger;

9. “News-gathering organization” means any of the following:

Oklahoma Statutes - Title 15. Contracts Page 196

a. an employee of a newspaper, news publication, or news

source, printed or on an online or mobile platform, of

current news and public interest, while operating as

an employee as provided in this subsection, who can

provide documentation of such employment with the

newspaper, news publication, or news source, or

b. an employee of a radio broadcast station, television

broadcast station, cable television operator, or wire

service while operating as an employee as provided in

this subsection, who can provide documentation of such

employment;

10. “Obscene” means the same as used in Section 1024.1 of Title

21 of the Oklahoma Statutes;

11. “Publish” means to communicate or make information

available to another person or entity on a publicly available

Internet website;

12. “Reasonable age verification methods” means verifying that

the person seeking access to the available material is eighteen (18)

years of age or older by using the following methods:

a. use of a digitized identification card as defined in

this section,

b. verification through an independent, third-party age

verification service that compares the personal

information entered by the individual who is seeking

access to the material that is available from a

commercially available database, or aggregate of

databases, that is regularly used by government

agencies and businesses for purpose of age and

identity verification, or

c. any commercially reasonable method that relies on

public or private transactional data to verify the age

of the person attempting to access the material;

13. “Substantial portion” means when more than a third of the

total material available on the website meets the definition of

material harmful to minors as defined in this section; and

14. “Transactional data” means a sequence of information that

documents as exchange, agreement, or transfer between an individual,

commercial entity, or a third party used for the purpose of

satisfying a request or event. Transactional data may include, but

not be limited to, records from mortgage, education, and employment

entities.
Okla. Stat. tit. 15, § 15-791.1 — OK Code / Title 15 / Section 15-791.1
Commercial entities liable for publishing or
Status: in_force

distributing explicit materials.

Oklahoma Statutes - Title 15. Contracts Page 197

A. Any commercial entity that knowingly and intentionally

publishes or distributes obscene material, or material that depicts

or promotes child pornography or child sexual exploitation, on the

Internet may be held liable to an individual for nominal damages,

actual damages, court costs, and reasonable attorney fees as ordered

by the court.

B. A commercial entity that has violated this act in a manner

that satisfies standards for imposition of punitive damages

elsewhere provided by law may be held liable to an individual for

punitive damages.

C. Individual claims that satisfy the generally applicable

standards for joinder or class action elsewhere provided by law or

rules of court, as applicable, may combine their claims in a single

action.
Okla. Stat. tit. 15, § 15-301 — OK Code / Title 15 / Section 15-301
Lender may require return, when
Status: in_force

The lender of a thing for use may at any time require its

return, even though he lent it for a specified time or purpose. But

if, on the faith of such an agreement, the borrower has made such

arrangements that a return of the thing before the period agreed

upon would cause him loss, exceeding the benefit derived by him from

the loan, the lender must indemnify him for such loss, if he compels

such return, the borrower not having in any manner violated his

duty.
Okla. Stat. tit. 15, § 15-721 — OK Code / Title 15 / Section 15-721
Unsolicited goods - Receipt deemed unconditional gift -
Status: in_force

Injunctive relief.

No person, firm, partnership, association or corporation, or

agent or employee thereof, shall, in any manner, or by any means,

offer for sale in this state, goods, wares, or merchandise, where

the offer includes the voluntary and unsolicited sending of such

goods, wares, or merchandise not actually ordered or requested by

the recipient, either orally or in writing. The receipt of any such

goods, wares, or merchandise shall for all purposes be deemed an

unconditional gift to the recipient who may use or dispose of such

goods, wares, or merchandise in any manner he sees fit without any

obligation on his part to the sender. Provided, however, that where

solicited goods, wares or merchandise are delivered to the wrong

person by accident or by the mistake of the delivery or mail

service, such delivery shall not constitute an offer subject to this

act, and provided that the provisions of this act shall not apply to

goods of equal or greater value and at no additional cost,

substituted for goods ordered or solicited by the recipient.

If after any such 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

Oklahoma Statutes - Title 15. Contracts Page 136

also be awarded reasonable attorneys' fees and costs to the

prevailing party.
Okla. Stat. tit. 15, § 15-52 — OK Code / Title 15 / Section 15-52
Rescission where consent not free
Status: in_force

A consent which is not free, is nevertheless not absolutely

void, but may be rescinded by the parties in the manner prescribed

by Article 5 of this chapter.
Okla. Stat. tit. 15, § 15-141.1 — OK Code / Title 15 / Section 15-141.1
Short title
Status: in_force

This act shall be known and may be cited as the "Service

Warranty Act".
Okla. Stat. tit. 15, § 15-330 — OK Code / Title 15 / Section 15-330
Removal from state deemed equivalent to insolvency
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 94

In the cases mentioned in the second preceding section the

removal of the principal from the State leaving no property therein

from which the obligation might be satisfied, is equivalent to the

insolvency of the principal, in its effect upon the rights and

obligations of the guarantor.
Okla. Stat. tit. 15, § 15-266 — OK Code / Title 15 / Section 15-266
Legal and contract rates of interest
Status: in_force

The legal rate of interest shall be six percent (6%) in the

absence of any contract as to the rate of interest, and by contract

parties may agree to any rate as may be authorized by law, now in

effect or hereinafter enacted.
Okla. Stat. tit. 15, § 15-141.12 — OK Code / Title 15 / Section 15-141.12
Fine in lieu of suspension or revocation
Status: in_force

If the Insurance Commissioner finds that one or more grounds

exist for the discretionary revocation or suspension of a

certificate of authority issued under the Service Warranty Act, the

Commissioner may, in lieu of such suspension or revocation, impose a

fine upon the insurer or service warranty association in an amount

not to exceed One Thousand Dollars ($1,000.00) per violation;

however, if it is found that an insurer or service warranty

association has knowingly and willfully violated a lawful rule or

order of the Commissioner or any provision of the Service Warranty

Act, the Commissioner may impose a fine upon the insurer or

association in an amount not to exceed Ten Thousand Dollars

($10,000.00) for each violation.
Okla. Stat. tit. 15, § 15-776.8 — OK Code / Title 15 / Section 15-776.8
Short title
Status: in_force

Sections 4 through 7 of this act shall be known and may be cited

as the “Anti-Phishing Act”.
Okla. Stat. tit. 15, § 15-777.2 — OK Code / Title 15 / Section 15-777.2
Definitions
Status: in_force

As used in the Emergency Price Stabilization Act:

1. "Dwelling unit" means any structure or part of a structure

which is used as a home, residence, or sleeping place by one or more

persons and includes, but is not limited to, lodging establishments,

Oklahoma Statutes - Title 15. Contracts Page 187

hotels, motels, boarding houses, inns, single-family residences,

duplexes, and apartments;

2. "Emergency" means any occasion or instance including, but

not limited to, any natural disaster such as a tornado, storm, high

water, earthquake, landslide, mudslide, snowstorm, or drought, and

regardless of cause, any fire, flood, or explosion, determined by

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

to require extraordinary measures to save lives, to protect

property, or to promote public health and safety, or to lessen or

avert the threat of a catastrophe. "Emergency" includes a civil

defense or disaster emergency as defined by the Oklahoma Civil

Defense and Emergency Resources Management Act of 1967 and any

emergency or major disaster as defined by any federal disaster

relief act;

3. "Emergency area" means the county or counties affected by an

emergency, any county or part of a county specifically identified in

a declaration of emergency issued by the Governor of this state or

by the President of the United States, and all counties contiguous

with the affected county;

4. "Goods" means all things which are movable at the time of

sale, rental, or lease other than the money with which the price is

to be paid and includes any services which are incidental to the

sale of the goods; and

5. "Services" means any duty or labor to be rendered by one

person to another and includes any goods which are incidental to the

performance of the service. "Services" also includes, but is not

limited to:

a. the sale of utilities including, but not limited to,

electricity, natural gas, telecommunications, and

cable television,

b. the sale, rental, or lease of transportation, freight,

carriage, moving, and storage, and

c. the rental or lease of vehicles, trailers, and other

equipment.
Okla. Stat. tit. 15, § 15-562 — OK Code / Title 15 / Section 15-562
Contract of sale valid, when
Status: in_force

All contracts of sales for future delivery of cotton, grain,

stocks or other commodities (1) made in accordance with the rules of

any board of trade, exchange or similar institution where such

contracts of sale are executed and (2) actually executed on the

floor of such board of trade, exchange or similar institution and

performed or discharged according to the rules thereof; and (3) when

such contracts of sale are placed with or through a regular member

in good standing of a cotton exchange, grain exchange, board of

trade or similar institution organized under the laws of the State

of Oklahoma or any other state shall be, and they are hereby

declared to be valid and enforceable in the courts of this state

according to their terms. Provided, that contracts of sale for

future delivery of cotton in order to be valid and enforceable as

provided herein must not only conform to the requirements of clauses

(1) and (2) of this section, but must also be made subject to the

provisions of the United States Cotton Futures act, approved August

11th, 1916; provided further, that if this clause should for any

reason be held inoperative then contracts for the future delivery of

cotton shall be valid and enforceable if they conform to the

requirements of clauses one and two of this section.
Okla. Stat. tit. 15, § 15-136 — OK Code / Title 15 / Section 15-136
Statute of frauds
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 22

The following contracts are invalid, unless the same, or some

note or memorandum thereof, be in writing and subscribed by the

party to be charged, by an agent of the party or by a broker of the

party pursuant to Sections 858-351 through 858-363 of Title 59 of

the Oklahoma Statutes:

1. An agreement that, by its terms, is not to be performed

within a year from the making thereof;

2. A special promise to answer for the debt, default or

miscarriage of another, except in the cases provided for in the

article on guaranty;

3. An agreement made upon consideration of marriage, other than

a mutual promise to marry; or

4. An agreement for the leasing for a longer period than one

(1) year, or for the sale of real property, or of an interest

therein; and such agreement, if made by an agent or a broker of the

party sought to be charged, is invalid, unless the authority of the

agent or the broker be in writing, subscribed by the party sought to

be charged.

R.L. 1910, § 941. Amended by Laws 2003, c. 31, § 1, eff. Nov. 1,

2003; Laws 2013, c. 240, § 1, eff. Nov. 1, 2013.
Okla. Stat. tit. 15, § 15-140 — OK Code / Title 15 / Section 15-140
Credit agreements - Actions to enforce or seek damages -
Status: in_force

limits to actions on oral agreements.

A. As used in this section:

1. "Credit agreement" means an agreement by a financial

institution to lend money, extend credit or otherwise make any other

financial accommodation, or to renew, extend, modify, rearrange or

forebear the repayment of any such loan, extension of credit or

financial accommodation, but does not include any promissory note,

real estate mortgage, or security agreement.

Oklahoma Statutes - Title 15. Contracts Page 23

2. "Financial institution" means any bank, savings and loan

association, or credit union, or any holding company or subsidiary

thereof.

3. "Lender" means a financial institution that makes a credit

agreement with a borrower.

4. "Borrower" means a person who seeks a credit agreement with

a lender or financial institution as defined herein or to whom money

is loaned, credit is extended, or any other financial accommodation

is made or for whom any such loan, extension of credit or financial

accommodation is renewed, extended, modified, rearranged or forborne

by a lender or financial institution as defined herein.

B. No lender or borrower may maintain an action to enforce or

seek damages for the breach of any term or condition of credit

agreement having a principal amount greater than Fifteen Thousand

Dollars ($15,000.00), unless such term or condition has been agreed

to in writing and signed by the party against whom it is sought to

be enforced or against whom damages are sought.

C. The provisions of this section shall not be construed to

preclude a lender from maintaining an action against a borrower,

whether or not a credit agreement has been signed by the borrower,

with respect to any of the following:

1. Credit extended on an "account", as such term is defined in

Section 4-104 of Title 12A of the Oklahoma Statutes; or

2. Credit extended pursuant to a "lender credit card or similar

arrangement" or a "revolving loan account", as such terms are

defined, respectively, in Sections 1-301 and 3-108 of Title 14A of

the Oklahoma Statutes, if the terms or conditions relevant thereto

are in writing and are provided to the borrower prior to his usage

of the card or account or otherwise in accordance with applicable

law.

D. The provisions of this section shall be effective with

respect to credit agreements entered into after the effective date

of this act.
Okla. Stat. tit. 15, § 15-756.1 — OK Code / Title 15 / Section 15-756.1
Actions by Attorney General or district attorney -
Status: in_force

Consent judgment - Orders.

A. The Attorney General or a district attorney may bring an

action:

1. To obtain a declaratory judgment that an act or practice

violates the Consumer Protection Act;

2. To enjoin, or to obtain a restraining order against a person

who has violated, is violating, or is likely to violate the Consumer

Protection Act;

3. To recover actual damages and, in the case of unconscionable

conduct, penalties as provided by this act, on behalf of an

aggrieved consumer, in an individual action only, for violation of

the Consumer Protection Act; or

4. To recover reasonable expenses and investigation fees.

B. In lieu of instigating or continuing an action or

proceeding, the Attorney General or a district attorney may accept a

consent judgment with respect to any act or practice declared to be

a violation of the Consumer Protection Act. Such a consent judgment

shall provide for the discontinuance by the person entering the same

of any act or practice declared to be a violation of the Consumer

Protection Act, and it may include a stipulation for the payment by

such person of reasonable expenses and investigation fees incurred

by the Attorney General or a district attorney. The consent

judgment also may include a stipulation for restitution to be made

by such person to consumers of money, property or other things

received from such consumers in connection with a violation of this

act and also may include a stipulation for specific performance.

Any consent judgment entered into pursuant to this section shall not

be deemed to admit the violation, unless it does so by its terms.

Before any consent judgment entered into pursuant to this section

shall be effective, it must be approved by the district court and an

entry made thereof in the manner required for making an entry of

judgment. Once such approval is received, any breach of the

conditions of such consent judgment shall be treated as a violation

of a court order, and shall be subject to all the penalties provided

by law therefor.

C. In any action brought by the Attorney General or a district

attorney, the court may:

1. Make such orders or judgments as may be necessary to prevent

the use or employment by a person of any practice declared to be a

violation of the Consumer Protection Act;

Oklahoma Statutes - Title 15. Contracts Page 146

2. Make such orders or judgments as may be necessary to

compensate any person for damages sustained;

3. Make such orders or judgments as may be necessary to carry

out a transaction in accordance with consumers' reasonable

expectations;

4. Appoint a master or receiver or order sequestration of

assets to prevent the use or enjoyment of proceeds derived through

illegal means and assess the expenses of a master or receiver

against the defendant;

5. Revoke any license or certificate authorizing that person to

engage in business in this state;

6. Enjoin any person from engaging in business in this state;

or

7. Grant other appropriate relief.

D. When an action is filed under the Consumer Protection Act by

a district attorney or the Attorney General, no action seeking an

injunction or declaratory judgment shall be filed in any other

county or district in this state based upon the same transaction or

occurrence, series of transactions or occurrences, or allegations

which form the basis of the first action filed.
Okla. Stat. tit. 15, § 15-953 — OK Code / Title 15 / Section 15-953
Definitions
Status: in_force

For purposes of the Aftermarket Crash Parts Regulation Act:

1. "Insurer" means an insurance company authorized to do

business in our state and any person authorized to represent the

insurer with respect to a claim;

2. "Aftermarket crash part" means a replacement for any of the

nonmechanical sheet metal or plastic parts which generally

constitute the exterior of a motor vehicle, including inner and

outer panels;

3. "Non-original equipment manufacturer aftermarket crash part"

means aftermarket crash parts not made for or by the manufacturer of

the motor vehicle;

4. "Repair facility" means any motor vehicle dealer, garage,

body shop or other commercial entity which undertakes the repair or

replacement of those parts that generally constitute the exterior of

a motor vehicle; and

5. "Installer" means any person who actually does the work of

replacing or repairing parts of a motor vehicle.
Okla. Stat. tit. 15, § 15-775A.1 — OK Code / Title 15 / Section 15-775A.1
Legislative findings
Status: in_force

The Legislature hereby finds, determines and declares that the

use of telephones for commercial solicitation, including, but not

limited to, cellular telephone text messages, is rapidly increasing;

that this form of communication offers unique benefits, but entails

special risks and poses the potential for abuse; that the

Legislature finds that the widespread practice of fraudulent and

deceptive commercial telephone solicitation has caused substantial

financial losses to thousands of consumers and, particularly,

elderly, homebound and otherwise vulnerable consumers, and is a

matter vitally affecting the public interest; and, therefore, that

the general welfare of the public and the protection of the

integrity of the telemarketing industry requires statutory

regulation of the commercial use of telephones.
Okla. Stat. tit. 15, § 15-140.2 — OK Code / Title 15 / Section 15-140.2
Definitions
Status: in_force

As used in this act:

1. "Commercial" means a transaction wherein the motor vehicle

will primarily be used for business purposes rather than personal;

2. "Commissioner" means the Insurance Commissioner;

3. "Consumer" means an individual purchaser of a motor vehicle

or borrower under a finance agreement, and includes a borrower or

contract holder as herein defined as applicable;

4. "Finance agreement" means a loan, retail installment sales

contract, or lease for the purchase, refinancing, or lease of a

motor vehicle;

5. "Free look period" means the period of time from the

effective date of the motor vehicle financial protection product

until the date the motor vehicle financial protection product may be

canceled without penalty, fees, or costs. This period of time shall

not be shorter than thirty (30) days;

6. "Insurer" means an insurance company licensed, registered,

or otherwise authorized to issue contractual liability insurance

under the insurance laws of this state;

7. "Motor vehicle" means self-propelled or towed vehicles

designed for personal or commercial use including, but not limited

to, automobiles, trucks, motorcycles, recreational vehicles, all-

terrain vehicles, snowmobiles, campers, boards, personal watercraft,

and related trailers;

8. "Motor vehicle financial protection product" means an

agreement defined herein that protects a consumer's financial

interest in his or her current or future motor vehicle and includes,

but is not limited to, debt waiver and vehicle value protection

agreements. A motor vehicle financial protection product shall not

mean a service warranty or vehicle protection product warranty; and

9. "Person" means an individual, company, association,

organization, partnership, business trust, corporation, and every

form of legal entity.
Okla. Stat. tit. 15, § 15-63 — OK Code / Title 15 / Section 15-63
Mistake of fact defined
Status: in_force

Mistake of fact is a mistake not caused by the neglect of a

legal duty on the part of the person making the mistake, and

consisting in:

1. An unconscious ignorance or forgetfulness of a fact past or

present, material to the contract; or,

2. Belief in the present existence of a thing material to the

contract, which does not exist, or in the past existence of such a

thing, which has not existed.
Okla. Stat. tit. 15, § 15-1008 — OK Code / Title 15 / Section 15-1008
Construction of power relating to stock and bond
Status: in_force

transactions.

CONSTRUCTION OF POWER RELATING TO STOCK AND BOND TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to stock and bond transactions empowers the agent to

buy, sell, and exchange stocks, bonds, mutual funds, and all other

types of securities and financial instruments except commodity

futures contracts and call and put options on stocks and stock

indexes, receive certificates and other evidences of ownership with

respect to securities, exercise voting rights with respect to

securities in person or by proxy, enter into voting trusts, and

consent to limitations on the right to vote.
Okla. Stat. tit. 15, § 15-218 — OK Code / Title 15 / Section 15-218
Restraint of trade - Exception as to sale of goodwill
Status: in_force

One who sells the goodwill of a business may agree with the

buyer to refrain from carrying on a similar business within a

specified county and any county or counties contiguous thereto, or a

specified city or town or any part thereof, so long as the buyer, or

any person deriving title to the goodwill from him carries on a like

business therein. Provided, that any such agreement which is

otherwise lawful but which exceeds the territorial limitations

specified by this section may be deemed valid, but only within the

county comprising the primary place of the conduct of the subject

business and within any counties contiguous thereto.
Okla. Stat. tit. 15, § 15-598.5 — OK Code / Title 15 / Section 15-598.5
Injunctive relief - Damages - Prima facie evidence
Status: in_force

(a) In addition to the penalties provided in the Unfair Sales

Act, any person injured by any violation, or who shall suffer injury

from any threatened violation of the Unfair Sales Act, may maintain

an action in any court of equitable jurisdiction to prevent,

restrain or enjoin such violation or threatened violation. If in

such action a violation or threatened violation of the Unfair Sales

Act shall be established, the court shall enjoin and restrain or

otherwise prohibit, such violation or threatened violation and, in

addition thereto, shall assess in favor of the plaintiff and against

the defendant the cost of suit. In such action if damages are

alleged and proved, the plaintiff in the action, in addition to such

injunctive relief and costs of suit, shall be entitled to recover

from the defendant the actual damages sustained by him or her.

(b) In the event no injunctive relief is sought or required,

any person injured by a violation of the Unfair Sales Act may

maintain an action for damages alone in any court of general

jurisdiction, and the measure of damages in such action shall be the

same as prescribed in subsection (a) of this section. Provided the

Unfair Sales Act shall not authorize suits or actions against

newspapers, radio broadcasters, or other advertising agencies

through which such advertisements are published, broadcast or

otherwise made.

(c) Evidence of advertisement, offering to sell, or sale of

merchandise by any retailer or wholesaler at less than cost to such

retailer or wholesaler, shall be prima facie evidence of intent to

injure competitors and to destroy or substantially lessen

competition.
Okla. Stat. tit. 15, § 15-428 — OK Code / Title 15 / Section 15-428
Reimbursement of indemnitor
Status: in_force

Oklahoma Statutes - Title 15. Contracts Page 100

Where one, at the request of another, engages to answer in

damages, whether liquidated or unliquidated, for any violation of

duty on the part of the latter, he is entitled to be reimbursed in

the same manner as a surety for whatever he may pay.
Okla. Stat. tit. 15, § 15-51 — OK Code / Title 15 / Section 15-51
Essentials of consent
Status: in_force

The consent of the parties to a contract must be:

1. Free.

2. Mutual; and,

3. Communicated by each to the other.
Okla. Stat. tit. 15, § 15-752 — OK Code / Title 15 / Section 15-752
Definitions
Status: in_force

As used in the Oklahoma Consumer Protection Act:

1. "Person" means a natural person, corporation, trust,

partnership, incorporated or unincorporated association, or any

other legal entity;

2. "Consumer transaction" means the advertising, offering for

sale or purchase, sale, purchase, or distribution of any services or

any property, tangible or intangible, real, personal, or mixed, or

any other article, commodity, or thing of value wherever located,

for purposes that are personal, household, or business oriented;

3. "Credit card" means any instrument or device, whether known

as a credit card, credit plate, charge plate or by any other name,

Oklahoma Statutes - Title 15. Contracts Page 137

issued with or without fee by an issuer for the use of the

cardholder in obtaining money, goods, services or anything else of

value on credit. All credit cards lawfully issued shall be

considered the property of the cardholders or the issuer for all

purposes;

4. "Debit card" means any instrument or device, whether known

as a debit card or by any other name, issued with or without fee by

an issuer for the use of the cardholder in depositing, obtaining or

transferring funds from a consumer banking electronic facility;

5. "Documentary material" means the original or a copy of any

book, record, report, memorandum, paper, communication, tabulation,

map, chart, photograph, mechanical transcription, or other tangible

document or recording, wherever located;

6. "Examination" when used in reference to documentary material

includes the inspection, study, or copying of any such material, and

the taking of testimony under oath, or acknowledgment in respect to

any such documentary material or copy thereof;

7. "Merchandise" includes any object, ware, good, commodity,

intangible, real estate, or service;

8. "Closing out sale" means any offer to sell, or actual sale,

to the public of goods, wares, or merchandise on the implied or

direct representation that the sale is in anticipation of the

termination of a business at its present location, or that the sale

is being held other than in the ordinary course of business. It

also shall mean but shall not be limited to any sale held or

advertised as a "closing out sale", "going out of business sale",

"discontinuance of business sale", "quitting business sale", "sell

out", "liquidation", "loss of lease sale", "must vacate sale",

"forced out of business sale", "fire sale", "smoke and water damage

sale", "adjustment sale", "creditor's sale", "bankrupt sale",

"insolvent sale", "mortgage sale", or other like or similar title;

9. "Advertisement" means any advertisement or announcement

published in the news media including but not limited to the radio,

television, newspapers, handbills, and mailers;

10. "License" means the written authorization issued by the

court clerk of the district court in any county in this state to any

person to conduct a closing out sale;

11. "Clerk" means the court clerk of the district court of any

county of this state in which a person applying for a license

intends to conduct a closing out sale;

12. "Automatic dial announcing device" means automatic

equipment that:

a. stores telephone numbers to be called, or has a random

or sequential number generator capable of producing

numbers to be called,

b. conveys a prerecorded or synthesized voice message to

the number called, and

Oklahoma Statutes - Title 15. Contracts Page 138

c. is used for the purpose of offering any goods or

services for sale or conveying information regarding

such goods or services;

13. "Deceptive trade practice" means a misrepresentation,

omission or other practice that has deceived or could reasonably be

expected to deceive or mislead a person to the detriment of that

person. Such a practice may occur before, during or after a

consumer transaction is entered into and may be written or oral;

14. "Unfair trade practice" means any practice which offends

established public policy or if the practice is immoral, unethical,

oppressive, unscrupulous or substantially injurious to consumers;

15. "Cemetery" means any land or structure in this state

dedicated to or used, or intended to be used, for the interment of

human remains;

16. “Deceptive use of another’s name in notification or

solicitation” occurs when a business, or a person acting on its

behalf, engages in the following activity:

a. through advertisement, solicitation or other

notification, either verbally or through any other

means, informs a consumer of the availability of any

type of goods or services that are not free,

b. the name of an unrelated and unaffiliated person is

mentioned in any manner,

c. the goods or services mentioned are not actually

provided by the unrelated and unaffiliated person

whose name is mentioned,

d. the business on whose behalf the notification or

solicitation is made does not have a consensual right

to mention the name of the unrelated and unaffiliated

person, and

e. neither the actual name nor trade name of the business

on whose behalf the notification or solicitation is

being made is stated, nor the actual name or trade

name of any actual provider of the goods or services

is stated, so as to clearly identify for the consumer

a name that is distinguishable and separate from the

name of the unrelated and unaffiliated person whose

name is mentioned in any manner in the notification or

solicitation, and thereby a misleading implication or

ambiguity is created, such that a consumer who is the

recipient of the advertisement, solicitation or

notification may reasonably but erroneously believe:

(1) that the goods or services whose availability is

mentioned are made available by or through the

unrelated and unaffiliated person whose name is

mentioned, or

Oklahoma Statutes - Title 15. Contracts Page 139

(2) that the unrelated and unaffiliated person whose

name is mentioned is the one communicating with

the consumer; and

17. “Consumer laws” means the Oklahoma Consumer Protection Act

as well as the following: Section 1451 (Embezzlement), Section 1502

(Deceptive Advertising), Sections 1533.1 and 1533.2 (False

personation), Sections 1541.1 and 1541.2 (Obtaining or attempting to

obtain property by trick or deception), Section 1550.2 (Use of

credit and debit cards without consent), Sections 1550.21 through

1550.43 (Oklahoma Credit Card Crime Act of 1970 and false

identification) and Sections 1951 through 1981 (Oklahoma Computer

Crimes Act and unlawful reproduction of recordings) of Title 21 of

the Oklahoma Statutes.
Okla. Stat. tit. 15, § 15-470 — OK Code / Title 15 / Section 15-470
Things intentionally abandoned
Status: in_force

The provisions of this article have no application to things

which have been intentionally abandoned by their owners.
Okla. Stat. tit. 15, § 15-25 — OK Code / Title 15 / Section 15-25
Civil liability of minors and incompetents
Status: in_force

A minor, or a person of unsound mind, of whatever degree, is

civilly liable for a wrong done by him, in like manner as any other

person.
Okla. Stat. tit. 15, § 15-763 — OK Code / Title 15 / Section 15-763
Effect on other remedies
Status: in_force

The remedies in this act are in addition to and not in

derogation of remedies otherwise available under state or local law

to the Attorney General.
Okla. Stat. tit. 15, § 15-799A.6 — OK Code / Title 15 / Section 15-799A.6
Notice and suspension of sales activity
Status: in_force

If a high-volume third-party seller does not comply with the

requirements to provide and disclose information under this act, the

online marketplace shall, after providing the seller with written or

electronic notice and an opportunity to provide or disclose such

information not later than ten (10) calendar days after the issuance

of such notice, suspend any future sales activity of such seller

until the seller complies with such requirements.
Okla. Stat. tit. 15, § 15-1013 — OK Code / Title 15 / Section 15-1013
Construction of power relating to estate, trust, and
Status: in_force

other beneficiary transactions.

CONSTRUCTION OF POWER RELATING TO ESTATE,

TRUST, AND OTHER BENEFICIARY TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to estate, trust, and other beneficiary transactions

empowers the agent to act for the principal in all matters that

affect a trust, probate estate, guardianship, conservatorship,

escrow, custodianship, or other fund from which the principal is,

may become, or claims to be entitled, as a beneficiary, to a share

or payment, including to:

1. Accept, reject, disclaim, receive, receipt for, sell,

assign, release, pledge, exchange, or consent to a reduction in or

modification of a share in or payment from the fund;

2. Demand or obtain by litigation or otherwise money or other

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

be entitled by reason of the fund;

3. Initiate, participate in, and oppose litigation to ascertain

the meaning, validity, or effect of a deed, will, declaration of

trust, or other instrument or transaction affecting the interest of

the principal;

4. Initiate, participate in, and oppose litigation to remove,

substitute, or surcharge a fiduciary;

5. Conserve, invest, disburse, and use anything received for an

authorized purpose; and

6. Transfer an interest of the principal in real property,

stocks, bonds, accounts with financial institutions, insurance, and

other property, to the trustee of a revocable trust created by the

principal as settlor.
Okla. Stat. tit. 15, § 15-777.3 — OK Code / Title 15 / Section 15-777.3
Limitation of action
Status: in_force

An action to enforce the provisions of this act may be filed at

any time within one (1) year following the expiration or termination

of a declaration of emergency or any modifications or extensions

thereof.
Okla. Stat. tit. 15, § 15-141.17 — OK Code / Title 15 / Section 15-141.17
Service of process
Status: in_force

Service warranty associations shall be required to designate an

agent in this state for service of process.
Okla. Stat. tit. 15, § 15-821 — OK Code / Title 15 / Section 15-821
Unenforceable contract provisions
Status: in_force

A. This act shall not apply to any contract relating to a

single-, two-, three-, or four-family dwelling.

B. The following are against this state’s public policy and are

void and unenforceable:

1. A provision, covenant, clause or understanding in,

collateral to or affecting a construction contract that makes the

contract subject to the laws of another state or that requires any

litigation, arbitration or other dispute resolution proceeding

arising from the contract to be conducted in another state; and

2. A provision, covenant, clause or understanding in,

collateral to or affecting a construction contract that disallows or

alters the rights of any contractor or subcontractor to receive and

enforce any and all rights under this act.
Okla. Stat. tit. 15, § 15-24 — OK Code / Title 15 / Section 15-24
Judicial determination of incapacity, contracts after -
Status: in_force

Wills after restoration.

After his incapacity has been judicially determined, a person of

unsound mind can make no conveyance or other contract, nor designate

any power, nor waive any right, until his restoration to capacity is

judicially determined. But if actually restored to capacity, he may

make a will, though his restoration is not thus determined.
Okla. Stat. tit. 15, § 15-563 — OK Code / Title 15 / Section 15-563
Brokers - Parties liable
Status: in_force

Any broker, agent or any other person making advances to or for

account of any party to any contract falling within and satisfying

the provisions of the preceding section shall be entitled to recover

Oklahoma Statutes - Title 15. Contracts Page 112

the amount of such advances from the party to, or for account of

whom, the advances were made.
Okla. Stat. tit. 15, § 15-776.11 — OK Code / Title 15 / Section 15-776.11
Civil action – Standing – Remedies – Attorney fees and
Status: in_force

costs – Nature of violations.

A. The following persons may bring a civil action against a

person who violates the Anti-Phishing Act:

1. A person engaged in the business of providing Internet

access service to the public who is adversely affected by the

violation; or

2. An owner of a web page or trademark who is adversely

affected by the violation.

B. A person bringing an action under this Act may:

1. Seek injunctive relief to restrain the violator from

continuing the violation;

2. Recover damages in an amount equal to the greater of:

a. actual damages arising from the violation, or

b. One Hundred Thousand Dollars ($100,000.00) for each

violation of the same nature; or

3. Seek both injunctive relief and recover damages as provided

for in this subsection.

Oklahoma Statutes - Title 15. Contracts Page 185

C. The court may increase an award of actual damages in an

action brought under this section to an amount not to exceed three

times the actual damages sustained if the court finds that the

violations have occurred with a frequency as to constitute a pattern

or practice.

D. A plaintiff who prevails in an action filed under this

section is entitled to recover reasonable attorney fees and court

costs.

E. For purposes of this section, violations are of the same

nature if the violations consist of the same course of conduct or

action, regardless of the number of times the conduct or act

occurred.

F. All acts and practices declared to be unlawful under this

Act shall, in addition, be violations of the Oklahoma Consumer

Protection Act.
Okla. Stat. tit. 15, § 15-1006 — OK Code / Title 15 / Section 15-1006
Construction of power relating to real property
Status: in_force

transactions.

CONSTRUCTION OF POWER RELATING TO REAL PROPERTY TRANSACTIONS

In a statutory power of attorney, the language granting power

with respect to real property transactions empowers the agent to:

1. Accept as a gift or as security for a loan, reject, demand,

buy, lease, receive, or otherwise acquire, an interest in real

property or a right incident to real property;

2. Sell, exchange, convey with or without covenants, quitclaim,

release, surrender, mortgage, encumber, partition, consent to

partitioning, subdivide, apply for zoning, rezoning, or other

governmental permits, plat or consent to platting, develop, grant

options concerning, lease, sublease, or otherwise dispose of, an

interest in real property or a right incident to real property;

3. Release, assign, satisfy, and enforce by litigation or

otherwise, a mortgage, deed of trust, encumbrance, lien, or other

claim to real property which exists or is asserted;

4. Do any act of management or of conservation with respect to

an interest in real property, or a right incident to real property,

owned, or claimed to be owned, by the principal, including:

a. insuring against a casualty, liability, or loss,

b. obtaining or regaining possession, or protecting the

interest or right, by litigation or otherwise,

c. paying, compromising, or contesting taxes or

assessments, or applying for and receiving refunds in

connection with them, and

d. purchasing supplies, hiring assistance or labor, and

making repairs or alterations in the real property;

5. Use, develop, alter, replace, remove, erect, or install

structures or other improvements upon real property in or incident

to which the principal has, or claims to have, an interest or right;

Oklahoma Statutes - Title 15. Contracts Page 225

6. Participate in a reorganization with respect to real

property or a legal entity that owns an interest in or right

incident to real property and receive and hold shares of stock or

obligations received in a plan of reorganization, and act with

respect to them, including:

a. selling or otherwise disposing of them,

b. exercising or selling an option, conversion, or

similar right with respect to them, and

c. voting them in person or by proxy;

7. Change the form of title of an interest in or right incident

to real property; and

8. Dedicate to public use, with or without consideration,

easements or other real property in which the principal has, or

claims to have, an interest.
Okla. Stat. tit. 15, § 15-693 — OK Code / Title 15 / Section 15-693
Molder's lien
Status: in_force

A. Molders shall have a lien, dependent on possession, on all

dies, molds, forms, or patterns in their hands belonging to a

customer, for the balance due them from such customer for any

manufacturing or fabrication work, and in the value of all material

related to such work. The customer may at any time discharge the

lien by depositing with the county clerk in whose office the lien

claim has been filed an amount of money or bond equal to one hundred

twenty-five percent (125%) of the lien claim amount, in accordance

with the same procedures as specified in Section 147.1 of Title 42

of the Oklahoma Statutes. The molder may retain possession of the

die, mold, form, or pattern until the charges are paid or the lien

or bond is released.

B. Before enforcing such lien, notice in writing shall be given

to the customer, whether delivered personally or sent by registered

mail, return receipt requested, to the last-known address of the

customer. This notice shall state that a lien is claimed for the

damages set forth in or attached to such writing for manufacturing

or fabrication work contracted or performed for the customer. This

notice shall also include a demand for payment.

C. If the molder has not been paid the amount due within sixty

(60) days after the notice has been received by the customer as

provided in subsection B of this section, the molder may sell the

die, mold, form, or pattern at a public or private auction.
Okla. Stat. tit. 15, § 15-383 — OK Code / Title 15 / Section 15-383
Security, rights of surety as to
Status: in_force

A surety is entitled to the benefit of every security for the

performance of the principal obligation, held by the creditor or by

a cosurety, at the time of entering into the contract of suretyship,

or acquired by him afterwards, whether the surety was aware of the

security or not.
Okla. Stat. tit. 15, § 15-141.4 — OK Code / Title 15 / Section 15-141.4
Licensure – Exemptions
Status: in_force

A. No person in this state shall act as a service warranty

association unless licensed by the Insurance Commissioner.

B. A service warranty association shall pay to the Insurance

Department a license fee of Four Hundred Dollars ($400.00) for such

license for each year, or part thereof, the license is in force.

Each service warranty association applying for a license shall

electronically submit a complete license application and pay the

license fee to the Insurance Commissioner in the manner and form

prescribed by the Commissioner, along with any transaction or other

applicable fees. Each application shall include a signed

declaration that under penalty of refusal, suspension, or revocation

of the license, the information provided in the application is true,

correct, and complete to the best of the applicant’s knowledge and

belief.

C. An insurer, while authorized to transact property or

casualty insurance in this state, may also transact a service

warranty business without additional qualifications or licensure as

required by the Service Warranty Act, but shall be otherwise subject

to the provisions of the Service Warranty Act.

D. A service warranty association may appoint an administrator

or other designee to be responsible for any or all of the

administration of service warranties and compliance with the Service

Warranty Act.

E. The marketing, sale, offering for sale, issuance, making,

proposing to make and administration of service warranties by

associations and related service warranty sellers, administrators,

and other persons shall be exempt from all provisions of the

Oklahoma Insurance Code.

F. An agreement which provides specified scheduled maintenance

services over a stated period of time does not constitute insurance

or a service warranty.
Okla. Stat. tit. 15, § 15-451 — OK Code / Title 15 / Section 15-451
Notice to true owner of wrongful detention
Status: in_force

A bailee who believes that a thing deposited with him is

wrongfully detained from its true owner may give him notice of the

bailment; and if, within a reasonable time afterwards, he does not

claim it, and sufficiently establish his right thereto, and

indemnify the bailee against the claim of the bailor, the bailee is

exonerated from liability to the person to whom he gave the notice,

upon returning the thing to the bailor, or assuming, in good faith,

a new obligation changing his position in respect to the thing, to

his prejudice.
Okla. Stat. tit. 15, § 15-776.10 — OK Code / Title 15 / Section 15-776.10
Fraudulent use of web page or Internet domain name
Status: in_force

A person may not, with the intent to engage in conduct involving

the fraudulent use or possession of the identifying information of a

person:

1. Create a web page or Internet domain name that is

represented as a legitimate online business without the

authorization of the registered owner of the business; and

2. Use that web page or a link to the web page, that domain

name, or another site on the Internet to induce, request, or solicit

another person to provide identifying information for a purpose that

the other person believes is legitimate.
Okla. Stat. tit. 15, § 15-452 — OK Code / Title 15 / Section 15-452
Delivery to disagreeing owners
Status: in_force

If a thing bailed is owned jointly or in common by persons who

cannot agree upon the manner of its delivery, the balee may deliver

to each his proper share thereof, if it can be done without injury

to the thing.
Okla. Stat. tit. 15, § 15-694 — OK Code / Title 15 / Section 15-694
Sale of die, mold, form or pattern - Notice to customer
Status: in_force

A. Before a molder may sell the die, mold, form, or pattern,

the molder shall notify the customer by registered mail, return

Oklahoma Statutes - Title 15. Contracts Page 135

receipt requested. The notice shall include the following

information:

1. The molder's intention to sell the die, mold, form, or

pattern thirty (30) days after the customer's receipt of the notice;

2. A description of the die, mold, form, or pattern to be sold;

3. The time and place of the sale; and

4. An itemized statement for the amount due.

B. If there is not a return of the receipt of the mailing or if

the postal service returns the notice as being nondeliverable, the

molder shall publish notice of the molder's intention to sell the

die, mold, form, or pattern in a newspaper of general circulation in

the county of the customer's last-known place of business. The

notice shall include a description of the die, mold, form, or

pattern.

C. If the sale is for a sum greater than the amount of the

lien, the excess shall be paid to any prior lienholder known to the

molder at the time of the sale and any remainder to the customer, if

the customer's address is known, or to the State Treasurer for

deposit in the General Revenue Fund if the customer's address is

unknown to the molder at the time of the sale.

D. A sale shall not be made under this subsection if it would

be in violation of any right of a customer under federal patent or

copyright law.
Okla. Stat. tit. 15, § 15-765.2 — OK Code / Title 15 / Section 15-765.2
Definitions - Application of act
Status: in_force

A. As used in the Home Repair Fraud Act:

1. "Home repair" means the fixing, replacing, altering,

converting, modernizing, improving of or the making of an addition

to any real property primarily designed or used as a residence.

Home repair shall include, but not be limited to, the

construction, installation, replacement or improvement of driveways,

swimming pools, porches, roofs, siding, kitchens, chimneys, chimney

liners, garages, outbuildings or storage sheds, fences, fallout

shelters, air conditioning systems, heating systems, boilers,

furnaces, hot water heaters, electrical wiring, sewers, plumbing

fixtures, storm doors, storm windows, awnings, floor or attic

bracing, moisture control, and other improvements to residential

structures or upon the land adjacent thereto.

Home repair shall not include the sale, installation, cleaning or

repair of carpets; the sale of goods or materials by a merchant who

Oklahoma Statutes - Title 15. Contracts Page 152

does not directly or through a subsidiary perform any work or labor

in connection with the installation or application of the goods or

materials; the repair, installation, replacement or connection of

any home appliance including but not limited to disposals,

refrigerators, ranges, garage door openers, television antennas,

washing machines, telephones or other home appliances when the

person replacing, installing, repairing or connecting such home

appliance is an employee or agent of the merchant that sold the home

appliance; or landscaping; and

2. "Residence" means a single or multiple family dwelling,

including but not limited to a single family home, apartment

building, condominium, duplex or townhouse which is used or intended

to be used by its occupants as their dwelling place.

B. Nothing in the Home Repair Fraud Act shall be construed to

apply to original construction of single or multiple family

residence.
Okla. Stat. tit. 15, § 15-164 — OK Code / Title 15 / Section 15-164
Terms restricted to intention of parties
Status: in_force

However broad may be the terms of a contract, it extends only to

those things concerning which it appears that the parties intended

to contract.
Okla. Stat. tit. 15, § 15-342 — OK Code / Title 15 / Section 15-342
Delay of creditor does not exonerate
Status: in_force

Mere delay on the part of a creditor to proceed against the

principal, or to enforce any other remedy, does not exonerate a

guarantor.
Okla. Stat. tit. 15, § 15-245A.4 — OK Code / Title 15 / Section 15-245A.4
Death of dealer
Status: in_force

A. This section shall only apply to single-line dealer

agreements.

B. If a dealer dies, a supplier shall have ninety (90) days in

which to consider and make a determination on a request by a family

member to enter into a new dealer agreement to operate the

dealership. If the supplier determines that the requesting family

member is not acceptable, the supplier shall provide the family

member with a written notice of its determination with the stated

reasons for nonacceptance. This section does not entitle an heir,

Oklahoma Statutes - Title 15. Contracts Page 81

personal representative or family member to operate a dealership

without the specific written consent of the supplier.

C. Notwithstanding the foregoing, if a supplier and dealer have

previously executed an agreement concerning succession rights prior

to the dealer’s death, and if such agreement is still in effect, the

agreement shall be observed even if it designates someone other than

the surviving spouse or heirs of the decedent as the successor.
Okla. Stat. tit. 15, § 15-799A.1 — OK Code / Title 15 / Section 15-799A.1
Short title - Oklahoma INFORM Act
Status: in_force

This act shall be known and may be cited as the "Oklahoma INFORM

Act".
Okla. Stat. tit. 15, § 15-327 — OK Code / Title 15 / Section 15-327
Terms implied where principal contract is not completed
Status: in_force

In a guaranty of a contract, the terms of which are not then

settled, it is implied that its terms shall be such as will not

expose the guarantor to greater risks than he would incur under

those terms which are most common, in similar contracts, at the

place where the principal contract is to be performed.
Okla. Stat. tit. 15, § 15-60 — OK Code / Title 15 / Section 15-60
Actual fraud a question of fact
Status: in_force

Actual fraud is always a question of fact.
Okla. Stat. tit. 15, § 15-767 — OK Code / Title 15 / Section 15-767
License for closing out sale - Application - Forms -
Status: in_force

Contents - Affidavits - Fees - Violations.

A. It shall be unlawful and deemed a Class D1 felony offense

for any person to advertise or conduct a closing out sale unless a

license is first obtained to conduct such sale. Any applicant for a

closing out sale license shall file an application in writing and

under oath with the clerk of the district court, on an application

form prescribed by the Attorney General. The application form shall

Oklahoma Statutes - Title 15. Contracts Page 155

contain the following information, and such other information as the

Attorney General may require:

1. The name and address of the owner of the goods, wares, or

merchandise to be sold;

2. A description of the place of business where the sale is to

be held;

3. The name and address of the person holding or conducting the

sale;

4. The nature of the occupancy of the place where the sale is

to be held, whether by lease or otherwise, and the effective date of

termination of the occupancy;

5. A full and complete statement of the facts regarding the

proposed sale, including the reason the sale is being conducted, the

manner in which the sale will be conducted, and the commencement and

termination date of the sale; and

6. A complete and detailed inventory of the goods, wares, and

merchandise to be offered at the sale as disclosed by the records of

the applicant or a statement of both the cost and retail value of

the inventory of goods, wares, and merchandise to be offered at the

sale, based on the physical inventory used for the most recent

federal income tax returns adjusted for sales, purchases, and

markdowns of the applicant. Adjustments for sales, purchases, and

markdowns shall be shown on a monthly basis to the date of the

application.

Any person who advertises or conducts a closing out sale without

first obtaining a license to conduct such sale 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.

B. Each application shall be accompanied by an affidavit signed

by the applicant attesting to the facts in the application.

C. A fee of Twenty-five Dollars ($25.00) shall be charged by

the clerk of the district court for the issuance of a license.

D. Any person making a false statement in the application, upon

conviction, shall 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, § 15-765.1 — OK Code / Title 15 / Section 15-765.1
Short title - Construction of violations
Status: in_force

Sections 3 through 5 of this act shall constitute a part of the

Oklahoma Consumer Protection Act and shall be known and may be cited

as the "Home Repair Fraud Act".

Any violation of the Home Repair Fraud Act shall constitute an

unlawful business practice and shall be subject to the provisions of

the Oklahoma Consumer Protection Act.
Okla. Stat. tit. 15, § 15-791.2 — OK Code / Title 15 / Section 15-791.2
Commercial entities publishing or distributing material
Status: in_force

harmful to minors — Blocking access — Liability — Age verification.

A. Any commercial entity that knowingly and intentionally

publishes or distributes material harmful to minors on the Internet

from a website that contains a substantial portion of such material

shall provide Internet service subscribers and cellular service

subscribers the opportunity, before any individual using such

services may access the material, to request that access to the

material by subscription service be denied.

B. Upon such request by an Internet service subscriber or

cellular service subscriber, a commercial entity shall, without

charge, block access to its website on any device seeking to access

its website using the subscriber’s Internet service or cellular

service subscription so that a minor does not receive material

harmful to minors via that subscription.

C. A commercial entity that fails to provide Internet service

subscribers or cellular service subscribers an opportunity to

request that access to the commercial entity’s website be blocked is

in violation of this act and may be held liable to the minor, by and

through the minor’s parent or legal guardian, for nominal damages,

actual damages, court costs, and reasonable attorney fees as ordered

by the court.

D. A commercial entity that, after receipt of such request to

block access, allows a minor to access material harmful to minors on

its website is in violation of this act and may be held liable to

the minor, by and through the minor’s parent or legal guardian, for

actual damages, court costs, and reasonable attorney fees as ordered

by the court.

E. A commercial entity that has violated this act in a manner

that satisfies the standards for imposition of punitive damages

Oklahoma Statutes - Title 15. Contracts Page 198

elsewhere provided by law may be held liable to the minor, by and

through the minor’s parent or legal guardian, for punitive damages.

F. Individual claims that satisfy the generally applicable

standards for joinder or class action elsewhere provided by law or

rules of court, as applicable, may combine their claims in a single

action.

G. A commercial entity shall not be held liable for allowing

access to its website if the entity performs reasonable age

verification methods to verify that the individual attempting to

access the material from its website is not a minor.

H. A commercial entity or third party that performs reasonable

age verification methods shall not retain any identifying

information of the individual after access has been granted to the

material.

I. A commercial entity that is found to have knowingly retained

identifying information of the individual, except as is reasonably

necessary to effectuate a block request under this section, shall be

liable to the individual for damages resulting from retaining the

identifying information, including court costs and reasonable

attorney fees as ordered by the court.

J. This section shall not apply to any bona fide news or public

interest broadcast, website video, report, or event and shall not be

construed to affect the rights of a news-gathering organization,

unless the organization’s website contains a substantial portion of

material harmful to minors.

K. No Internet service provider, affiliate or subsidiary of an

Internet service provider, search engine, or cloud service provider

shall be held to have violated the provisions of this section solely

for providing access or connection to or from a website or other

information or content on the Internet, or a facility, system, or

network not under the provider’s control, including transmission,

downloading, storing, or providing access, to the extent that such

provider is not responsible for the creation of the content of the

communication that constitutes obscene material or material harmful

to minors.
Okla. Stat. tit. 15, § 15-444 — OK Code / Title 15 / Section 15-444
Involuntary bailee must take charge if able
Status: in_force

The person with whom a thing is deposited, in the manner

described in the last section, is bound to take charge of it if able

to do so.
Okla. Stat. tit. 15, § 15-165 — OK Code / Title 15 / Section 15-165
Promisor's belief as to promisee's understanding governs
Status: in_force

in case of ambiguity.

If the terms of a promise are in any respect ambiguous or

uncertain, it must be interpreted in the sense in which the promisor

believed, at the time of making it, that the promisee understood it.
Okla. Stat. tit. 15, § 15-505 — OK Code / Title 15 / Section 15-505
Definitions
Status: in_force

As used in the Oklahoma Innkeeper Rights Act:

1. "Innkeeper" means:

a. the owner of a lodging establishment,

b. the operator of a lodging establishment,

c. the manager of a lodging establishment, or

d. the keeper of a lodging establishment;

2. "Lodging establishment" means:

a. a hotel,

b. a motel,

c. a resort,

d. a bed and breakfast establishment,

e. a boarding house,

f. a furnished apartment house, or

g. other building which is kept, used or advertised as,

or held out to the public to be, a place where

sleeping or housekeeping accommodations are supplied

for pay to guests for transient occupancy; and

3. "Minor" means a person under the age of eighteen (18) years.
Okla. Stat. tit. 15, § 15-376 — OK Code / Title 15 / Section 15-376
Exoneration of surety by performance or offer thereof
Status: in_force

Performance of the principal obligation, or an offer of such

performance duly made as provided in this chapter exonerates a

surety.

Oklahoma Statutes - Title 15. Contracts Page 97