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2023 Oklahoma Statutes › Title 15. Contracts › §15-233. Rescission - Cases when party may rescind.

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.
2023 Oklahoma Statutes › Title 15. Contracts › §15-233A. Procedures in actions for rescission.

Where the action, counter claim, cross claim or plea in intervention is timely brought for relief based on the theory of rescission, whether formerly the action would have been denominated rescission at law or rescission in equity, the service of a pleading on the adverse party shall be deemed sufficient notice of rescission and of an offer to restore the benefits received under the contract. The method of trial to be afforded shall depend on the relief to which the party who brought suit on the theory of rescission is entitled.
Laws 1971, c. 46, § 1, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 15. Contracts › §15-233B. Form of relief in actions for rescission.

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 If the court determines that the contract may not be rescinded, it may grant damages or any other relief to which the party may be entitled, whether or not such relief is sought in the pleadings.
Laws 1971, c. 46, § 2, eff. Oct. 1, 1971.
2023 Oklahoma Statutes › Title 15. Contracts › §15-234. Stipulation as to errors of description as affecting rescission.

A stipulation that errors of description shall not avoid a contract, or shall be the subject of compensation, or both, does not take away the right of rescission for fraud, nor for mistake, where such mistake is in a matter essential to the inducement of the contract, and is not capable of exact and entire compensation.
R.L.1910, § 985.
2023 Oklahoma Statutes › Title 15. Contracts › §15-235. Duty of party attempting rescission.

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.
R.L.1910, § 986.
2023 Oklahoma Statutes › Title 15. Contracts › §15-239. Destruction, cancellation or alteration by party entitled to benefit.

The intentional destruction, cancellation, or material alteration of a written contract, by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor, against parties who do not consent to the act.
R.L.1910, § 990.
2023 Oklahoma Statutes › Title 15. Contracts › §15-241. Restoration of thing unlawfully taken.

One who obtains a thing without the consent of its owner, or by consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
R.L.1910, § 996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-244A. Legislative findings.

The Legislature finds and declares that the retail distribution, sales and rental of agricultural, construction, utility, industrial, mining, outdoor power, forestry and lawn and garden equipment utilizing independent dealers operating under contract with the supplier, vitally affects the general economy of this state, the public interest and the public welfare. Therefore, the Legislature has determined that it is necessary to regulate the business relations between the independent dealers and the equipment suppliers as contemplated in the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act and that any action taken in violation of this act will result in a violation of an important public policy of this state.
Added by Laws 2011, c. 156, § 2, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-245A.1. Good cause.

A. The dealer must give the supplier at least thirty (30) days prior written notice of termination. No supplier may terminate a dealer agreement without good cause. Except as otherwise specifically provided in the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act, "good cause" means the failure by a dealer to substantially comply with essential and reasonable requirements imposed upon the dealer by the dealer agreement, provided such requirements are not different from those requirements imposed on other similarly situated dealers either by their terms or in the manner of their enforcement. In addition, good cause shall exist whenever:
1. The dealer or dealership has transferred a controlling ownership interest in its business without the supplier’s consent;
2. The dealer has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against it which has not been discharged within thirty (30) days after the filing, or there has been a closeout or sale of a substantial part of the dealer’s assets related to the business, or there has been a commencement of dissolution or liquidation of the dealer;
3. There has been a deletion, addition or change in dealer or dealership locations without the prior written approval of the supplier;
4. The dealer has defaulted under any chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation of any guarantee of the dealer’s present or future obligations to the supplier; provided, however, good cause will not exist if a person revokes any guarantee in connection with or following the transfer of such person’s entire ownership interest in the dealer unless the supplier requires the person to execute a new guarantee of the dealer’s present or future obligations in connection with the transfer of ownership interest;
5. The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;
6. The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and supplier;
7. The dealer has engaged in conduct which is injurious or detrimental to the dealer’s customers or to the public welfare or the representation or reputation of the supplier’s product; or
8. The dealer has consistently failed to meet and maintain the supplier’s requirements for reasonable standards and performance objectives, so long as the supplier has given the dealer reasonable standards and performance objectives that are based on the manufacturer’s experience in other comparable market areas.
B. The provisions of this section will not apply to single-line dealer agreements.
Added by Laws 2011, c. 156, § 5, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-245A.3. Good cause.

A. This section will only apply to single-line dealer agreements.
B. No supplier may terminate a dealer agreement without good cause. For purposes of this section and Section 8 of this act only, “good cause” means failure by a dealer to comply with requirements imposed upon the dealer by the dealer agreement if such requirements are not different from those imposed on other similarly situated dealers. In addition, good cause exists whenever:
1. There has been a closeout or sale of a substantial part of the dealer’s assets related to the equipment business, or there has been a commencement of a dissolution or liquidation of the dealer;
2. The dealer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld;
3. The dealer has substantially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier;
4. The dealer has failed to operate in the normal course of business for seven (7) consecutive days or has otherwise abandoned its business;
5. The dealer has pleaded guilty to or has been convicted of a felony affecting the relationship between the dealer and the supplier; or
6. The dealer transfers an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual proprietor, partner or major shareholder, withdraws from the dealership or dies, or a substantial reduction occurs in the interest of a partner or major shareholder in the dealership; provided, however, good cause does not exist if the supplier consents to an action described in this paragraph.
C. Except as otherwise provided in this subsection, a supplier shall provide a dealer with at least ninety (90) days written notice of termination. The notice must state all reasons constituting good cause for such termination and must state that the dealer has sixty (60) days in which to cure any claimed deficiency. If the deficiency is rectified within sixty (60) days, the notice will be void. Notwithstanding the foregoing, if the good cause for termination is due to the dealer’s failure to meet or maintain the supplier’s requirements for market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice and right to cure provisions under this paragraph shall not apply if the reason for termination is for any reason set forth in paragraphs 1 through 6 of subsection B of this section.
Added by Laws 2011, c. 156, § 7, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-245A.4. Death of dealer.

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, 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.
Added by Laws 2011, c. 156, § 8, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-247. Exemptions.

The provisions of the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act shall not require the repurchase from a dealer of:
1. Any repair part which is in a broken or damaged package; provided, however, the supplier will be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to eighty-five percent (85%) of the current net parts cost for the repair part, if the aggregate current net parts cost for the entire package of repair parts is Seventy-five Dollars ($75.00) or higher;
2. Any repair part which because of its condition is not resalable as a new part without repackaging or reconditioning;
3. Any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title free and clear of all claims, liens and encumbrances unless such inventory will be free and clear of all claims, liens and encumbrances immediately upon payment by the supplier of amounts due herein to such lien holders;
4. Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so;
5. Any equipment or repair parts which are not in new, unsold, undamaged, complete condition, subject, however, to the provisions of this act relating to the demonstrators;
6. Any equipment delivered to the dealer prior to the beginning of the thirty-six-month period immediately preceding the date of notification of termination;
7. Any equipment or repair parts which were ordered by the dealer on or after the date of notification of termination;
8. Any equipment or repair parts which were acquired by the dealer from any source other than the supplier unless such equipment or repair parts were ordered from, or invoiced to the dealer by, the supplier; or
9. Any equipment or repair parts which are not returned to the supplier within ninety (90) days after the later of:
a.
the effective date of termination of a dealer agreement, and
b.
the date the dealer receives from the supplier all information, documents or supporting materials required by the supplier to comply with the supplier’s return policy; provided, however, this paragraph will not be applicable to a dealer if the supplier did not give the dealer notice of the ninety-day deadline at the time the applicable notice of termination was sent to the dealer.
Added by Laws 1982, c. 274, § 3, operative Oct. 1, 1982. Amended by Laws 1991, c. 51, § 4, emerg. eff. April 9, 1991; Laws 2011, c. 156, § 11, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-248. Remedies.

If any supplier violates any provision of this act, a dealer may bring an action against such supplier in a court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation, including, but not limited to, damages for lost profits, together with the actual costs of the action, including the dealer’s attorney and paralegal fees and costs of arbitrators, and the dealer also may be granted injunctive relief against unlawful termination. The remedies set forth in this section shall not be deemed exclusive and shall be in addition to any other remedies permitted by law.
Added by Laws 1982, c. 274, § 4, operative Oct. 1, 1982. Amended by Laws 2011, c. 156, § 12, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-249. Waiver - Choice of law - Attorney's fees - Validity.

An attempted waiver of a provision of this act or application of this act shall be void. Any provision in a dealer agreement that purports to elect the application of the law of a state other than this state shall be void. Any provision in a dealer agreement that requires a dealer to pay attorney fees incurred by a supplier shall be void.
Added by Laws 1982, c. 274, § 5, operative Oct. 1, 1982. Amended by Laws 2011, c. 156, § 13, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-250. Application of act.

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.
Added by Laws 1982, c. 274, § 6, operative Oct. 1, 1982. Amended by Laws 1997, c. 112, § 3, eff. Nov. 1, 1997; Laws 2011, c. 156, § 14, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-250A. Supplemental provisions.

The provisions of the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act shall be supplemental to any dealer agreement between the dealer and the supplier which provides the dealer with greater protection. The dealer can elect to pursue its contract remedy or the remedy provided by state law, or both, and an election by the dealer to pursue such remedies shall not bar its right to exercise any other remedies that may be granted at law or in equity.
Added by Laws 1998, c. 82, § 3, eff. Nov. 1, 1998. Amended by Laws 2011, c. 156, § 15, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 15. Contracts › §15-251. Civil actions - Attorney fees.

Any person who is injured in his business or property by a violation of this act or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this act, may bring a civil action in a court of competent jurisdiction in this state to enjoin further violations and to recover the damages sustained by him together with the costs of the suit, including a reasonable attorney's fee.
Added by Laws 1982, c. 274, § 7, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 15. Contracts › §15-262. Repayment must be made in current funds.

Except when the parties otherwise expressly agree in writing, a borrower of money must pay the amount due in such money as is current at the time when the loan becomes due, whether such money is worth more or less than the actual money lent.
R.L. 1910, § 1000. Amended by Laws 1996, c. 56, § 29, emerg. eff. April 8, 1996.
2023 Oklahoma Statutes › Title 15. Contracts › §15-266. Legal and contract rates of interest.

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.
R.L.1910, § 1004; Laws 1970, c. 224, § 3, emerg. eff. April 15, 1970.
2023 Oklahoma Statutes › Title 15. Contracts › §15-272. Banks to report interest rates - Cancellation of charter for violating usury laws - Procedure.

It shall be the duty of the officers of all state banks, organized and doing business under and by virtue of the laws of the state, to make a sworn quarterly report to the Bank Commissioner, setting forth the rate of interest charged, retained, reserved or collected upon the loans made in excess of the legal or contract rate of interest during the quarter for which said report is made, and such other detailed information as the Bank Commissioner may require concerning rates of interest charged, and all such reports as show the rates of interest exceeding ten percent (10%) per annum have been charged, shall be published in the annual report of the Bank Commissioner. Provided, that when the report of any bank shall disclose that such bank is willfully loaning money in violation of the interest laws of the state, it shall be his duty to immediately report such violation to the Governor, who may direct the Bank Commissioner to bring suit, through the Attorney General, in a court of competent jurisdiction in the county where the bank is located, to cancel the charter of such bank and the judgment of the court on the trial of said issue shall find the defendant bank guilty or not guilty, and if the judgment is guilty it shall further provide for the cancellation of the charter of said bank and the liquidation of the assets of said bank as the law now provides in cases of insolvent banks, from which judgment either party shall have the right of appeal to the Supreme Court, as in civil cases. Upon such appeal being filed, the Supreme Court shall hear and determine same as an advanced case.
Laws 1916, c. 20, p. 27, § 5.
2023 Oklahoma Statutes › Title 15. Contracts › §15-276. Action to collect upon obligation to repay money after default - Attorney fees.

In any civil action to collect upon an obligation to repay money after default, the party prevailing on such cause of action shall be awarded a reasonable attorney's fee. This attorney's fee shall be assessed by the court as costs against the losing party.
Added by Laws 1982, c. 256, § 2, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 15. Contracts › §15-299. Expenses during loan.

The borrower of a thing for use must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.
R.L.1910, § 1018.
2023 Oklahoma Statutes › Title 15. Contracts › §15-301. Lender may require return, when.

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.
R.L.1910, § 1020.
2023 Oklahoma Statutes › Title 15. Contracts › §15-302. Demand for return, necessity of - Place of return.

If a thing is lent for use for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired, or the purpose has been accomplished. In other cases it need not be returned until demanded. The borrower of a thing for use must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time.
R.L.1910, § 1021.
2023 Oklahoma Statutes › Title 15. Contracts › §15-323. Consideration.

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.
R.L.1910, § 1028.
2023 Oklahoma Statutes › Title 15. Contracts › §15-325. When promise deemed original.

A promise to answer for the obligation of another, in any of the following cases, is deemed an original obligation of the promisor, and need not be in writing:
1. Where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise; or by one who has received a discharge from an obligation in whole or in part, in consideration of such promise.
2. Where the creditor parts with value, or enters into an obligation, in consideration of the obligation in respect to which the promise is made, in terms or under circumstances such as to render the party making the promise the principal debtor, and the person in whose behalf it is made his surety.
3. Where the promise, being for an antecedent obligation of another, is made upon the consideration that the party receiving it cancels the antecedent obligation, accepting the new promise as a substitute therefor; or upon the consideration that the party receiving it releases the property of another from a levy or his person from imprisonment under an execution on a judgment obtained upon the antecedent obligation; or upon a consideration beneficial to the promisor, whether moving from either party to the antecedent obligation, or from another person.
4. Where a factor undertakes, for a commission, to sell merchandise and guaranty the sale.
5. Where the holder of an instrument for the payment of money, upon which a third person is or may become liable to him, transfers it in payment of a precedent debt of his, or for a new consideration, and in connection with such transfer enters into a promise respecting such instrument.
R.L.1910, § 1030.
2023 Oklahoma Statutes › Title 15. Contracts › §15-327. Terms implied where principal contract is not completed.

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.
R.L.1910, § 1032.
2023 Oklahoma Statutes › Title 15. Contracts › §15-333. Guaranty of conditional obligation.

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.
R.L.1910, § 1038.
2023 Oklahoma Statutes › Title 15. Contracts › §15-338. Exoneration of guarantor.

A guarantor is exonerated, except so far as he may be indemnified by the principal, if by any act of the creditor, without the consent of the guarantor, the original obligation of the principal is altered in any respect, or the remedies or rights of the creditor against the principal, in respect thereto, in any way impaired or suspended.
R.L.1910, § 1043.
2023 Oklahoma Statutes › Title 15. Contracts › §15-377. Exoneration of surety generally.

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.
R.L.1910, § 1056.
2023 Oklahoma Statutes › Title 15. Contracts › §15-379. Proceedings against principal, surety may require.

A surety may require his creditor to proceed against the principal, or to pursue any other remedy in his power which the surety cannot himself pursue, and which would lighten his burden; and if in such case the creditor neglects to do so, the surety is exonerated to the extent to which he is thereby prejudiced.
R.L.1910, § 1058.
2023 Oklahoma Statutes › Title 15. Contracts › §15-381. Reimbursement of surety.

If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he has disbursed, including necessary costs and expenses; but the surety has no claim for reimbursement against other persons, though they may have been benefited by this act, except as prescribed by the next section.
R.L.1910, § 1060.
2023 Oklahoma Statutes › Title 15. Contracts › §15-382. Surety's rights against principal and cosureties.

A surety, upon satisfying the obligations of the principal, is entitled to enforce every remedy which the creditor then has against the principal, to the extent of reimbursing what he has expended; and also to require all his cosureties to contribute thereto, without regard to the order of time in which they became such.
R.L. 1910, § 1061.
2023 Oklahoma Statutes › Title 15. Contracts › §15-383. Security, rights of surety as to.

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.
R.L.1910, § 1062.
2023 Oklahoma Statutes › Title 15. Contracts › §15-427. Rules for interpretation.

In the interpretation of a contract of indemnity, the following rules are to be applied, unless a contrary intention appears:
1. Upon an indemnity against liability, expressly, or in other equivalent terms, the person indemnified is entitled to recover upon becoming liable.
2. Upon an indemnity against claims or demands, or damages or costs, expressly, or in other equivalent terms, the person indemnified is not entitled to recover without payment thereof.
3. An indemnity against claims or demands, or liability, expressly or in other equivalent terms, embraces the costs of defense against such claims, demands or liability incurred in good faith, and in the exercise of reasonable discretion.
4. The person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the latter in respect to the matters embraced by the indemnity; but the person indemnified has the right to conduct such defense, if he chooses to do so.
5. If, after request, the person indemnifying neglects to defend the person indemnified, a recovery against the latter, suffered by him in good faith, is conclusive in his favor against the former.
6. If the person indemnifying, whether he is a principal or a surety in the agreement, has not reasonable notice of the action of proceedings against the person indemnified, or is not allowed to control its defense, judgment against the latter is only presumptive evidence against the former.
7. A stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is applicable if he had a good defense upon the merits, which, by want of ordinary care, he failed to establish in the action.
R.L.1910, § 1080.
2023 Oklahoma Statutes › Title 15. Contracts › §15-428. Reimbursement of indemnitor.

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.
R.L.1910, § 1081.
2023 Oklahoma Statutes › Title 15. Contracts › §15-443. Involuntary bailments.

An involuntary bailment is made:
First. By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or,
Second. In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person. R.L.1910, § 1086.
2023 Oklahoma Statutes › Title 15. Contracts › §15-447. Redelivery on demand.

A bailee must deliver the thing to the person for whose benefit it was deposited, on demand, whether the bailment was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by Section 1093.
R.L.1910, § 1090.
2023 Oklahoma Statutes › Title 15. Contracts › §15-451. Notice to true owner of wrongful detention.

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.
R.L.1910, § 1094.
2023 Oklahoma Statutes › Title 15. Contracts › §15-453. Bailor must be indemnified for damages.

A bailor must indemnify the bailee:
First. For all damage caused to him by the defects or vices of the thing bailed; and,
Second. For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.
R.L.1910, § 1096.
2023 Oklahoma Statutes › Title 15. Contracts › §15-455. Use of thing bailed.

A bailee may not use the thing bailed, or permit it to be used, for any purpose, without the consent of the bailor. He may not, if it is purposely fastened by the bailor, open it without the consent of the latter, except in case of necessity.
R.L.1910, § 1098.
2023 Oklahoma Statutes › Title 15. Contracts › §15-458. Presumed negligence for injury.

If a thing is lost or injured during its deposit, and the bailee refuse to inform the bailor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the bailee shall be presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.
R.L.1910, § 1101.
2023 Oklahoma Statutes › Title 15. Contracts › §15-464. Gratuitous bailee - When duties cease.

The duties of a gratuitous bailee cease:
First. Upon his restoring the thing bailed to its owner; or,
Second. Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary bailee, under the first subdivision of Section 1086, cannot give such notice until the emergency that gave rise to the bailment is past.
R.L.1910, § 1107.
2023 Oklahoma Statutes › Title 15. Contracts › §15-467. Rate of compensation.

In the absence of a different agreement or usage, a bailee for hire is entitled to one (1) week's compensation for the sustenance and shelter of living animals during any fraction of a week, and to half a month's compensation for the storage of any other property during any fraction of a half month.
R.L.1910, § 1110.
2023 Oklahoma Statutes › Title 15. Contracts › §15-501. Liability and lien of keeper of an inn or boarding house.

An innkeeper or keeper of a boarding house is liable for all losses of, or injuries to, personal property placed by his guests or boarders under his care, unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of someone whom he brought into the inn or boarding house, and upon such property the innkeeper or keeper of a boarding house has a lien and a right of detention for the payment of such amount as may be due him for lodging, fare, boarding, or other necessaries by such guest or boarder; and the said lien may be enforced by a sale of the property in the manner prescribed for the sale of pledged property.
R.L.1910, § 1113.
2023 Oklahoma Statutes › Title 15. Contracts › §15-503. Hotels, apartment hotels, inns - Guest rooms to have suitable locks.

It shall be the duty of the proprietor, manager, or operator of any hotel, apartment hotel, or inn to equip the doors of all guest rooms in any hotel, apartment hotel or inn operated by him, with suitable night latches, night chains, or bolts, so placed on the inside of such doors, as to prevent such doors from being opened from the outside by key or otherwise.
Laws 1939, p. 341, § 1.
2023 Oklahoma Statutes › Title 15. Contracts › §15-503a. Safe, vault or other depository - Notice - Liability to guest for loss of property.

Whenever the proprietor, manager or operator of any hotel, apartment hotel or inn shall provide a safe, vault or other depository for the safekeeping of any money, jewels, ornaments, bank notes, bonds, negotiable securities, or other valuable papers, precious stones, railroad tickets, articles of gold or silver manufacture, or other valuable property of small compass, belonging to guests of said hotel, apartment hotel or inn, and shall notify the guests thereof by posting a notice in a public and conspicuous place and manner in the office or public rooms, or in the public parlors, or in the guest rooms for said hotel, apartment hotel or inn, stating the fact that such safe, vault or other depository is provided, in which such property may be deposited, and if such guests shall neglect to deliver such property to the person in charge of such office, for deposit in such safe, vault or other depository, the proprietor, manager or operator of such hotel, apartment hotel or inn shall not be liable for any loss of any such property, sustained by such guest, whether by negligence of such proprietor, manager or operator, or his, her, or its servants, or employees, or by fire, theft, burglary or any other cause. Such guest shall, at the time of delivering such property to the person in charge of the office of such hotel, apartment hotel or inn, advise such person of the actual value of such property, and no proprietor, manager or operator or person in charge of the office of such hotel, apartment hotel or inn shall be required to receive property on deposit for safekeeping exceeding Three Hundred Dollars ($300.00) in value; and in case of loss of any such property so deposited for safekeeping, the proprietor, manager or operator of such hotel, apartment hotel or inn shall be liable only for the actual market or pecuniary value of such property, in no event exceeding the sum of Three Hundred Dollars ($300.00). Provided, that the proprietor, manager or operator of any hotel, apartment hotel or inn may, by special agreement in writing with any such guest or guests, receive property of greater value than Three Hundred Dollars ($300.00) and assume liability as shall be provided for in such written agreement.
Laws 1939, p. 342, § 2.
2023 Oklahoma Statutes › Title 15. Contracts › §15-503b. Liability for loss of or damage to property of guest.

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 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.
Laws 1939, p. 342, § 3.
2023 Oklahoma Statutes › Title 15. Contracts › §15-505. Definitions.

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.
Added by Laws 1994, c. 79, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 15. Contracts › §15-506. Right to refuse accommodation - Financial guarantees - Limitation on number of occupants - Immunity.

A. An innkeeper shall have the right to refuse or deny any accommodations, facilities or privileges of a lodging establishment to any person who is unwilling or unable to pay for accommodations and services of the lodging establishment. The innkeeper shall have the right to require the prospective guest to demonstrate their ability to pay by cash, valid credit card or a valid check. The innkeeper may require a parent of a minor or other responsible party to:
1. Accept in writing liability of the guest room costs, taxes, all charges by the minor and any damages to the guest room or its furnishings caused by the minor while a guest at the lodging establishment; and
2. Provide the innkeeper with a valid credit card number to cover the guest room costs, taxes, charges by the minor and any damages to the guest room or its furnishings, caused by the minor; or
3. Give the innkeeper:
a.
an advance cash payment to cover the guest room cost and taxes for all room nights reserved for the minor, and
b.
a cash deposit towards the payment of any charges of the minor or any damages to the guest room or its furnishings, which cash deposit will be refunded to the extent not used to cover any charges or damages as determined by the innkeeper following room inspection at check-out.
B. A lodging establishment shall have the right to limit the number of persons who shall occupy any particular guest room in the lodging establishment.
C. An innkeeper refusing or denying accommodations, facilities or privileges of a lodging establishment for any of the reasons specified in this section shall not be liable in any civil or criminal action or for any fine or penalty based upon the refusal or denial, except that accommodations, facilities or privileges of a lodging establishment shall not be refused or denied based upon the race, creed, color, national origin, sex, disability or marital status of a person.
Added by Laws 1994, c. 79, § 3, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 15. Contracts › §15-507. Damages.

In an action involving damage to a lodging establishment room or its furnishings, the court may order the person who rented the lodging establishment room, the person who caused the damage to the lodging establishment room or the parent of the minor or other responsible party to do the following:
1. Pay restitution for any damages suffered by the owner or operator of the lodging establishment, which damages may include any loss of revenue suffered by the lodging establishment resulting from the inability of the innkeeper to rent or lease the room during the period of time the lodging establishment is being repaired; and
2. Pay damages or restitution to any other person who is injured or whose property is damaged. The parents of other responsible parties shall be liable for acts of the minor in violation of this section which cause damages to the lodging establishment room or furnishings or cause injury to persons on the lodging establishment property.
Added by Laws 1994, c. 79, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 15. Contracts › §15-508. Ejection of guests.

A. An innkeeper may eject a person from the lodging establishment premises for any of the following:
1. Nonpayment of the lodging establishment charges for accommodations or services;
2. The individual is disorderly or visibly intoxicated, so as to create a public nuisance;
3. The innkeeper reasonably believes that the individual is using the premises for unlawful purposes including, but not limited to, the unlawful use or possession of controlled substances or for the consumption of alcohol by any person under the age of twenty-one (21) years in violation of any statute, ordinance or regulation;
4. Violations of any federal, state or local laws or regulations relating to the lodging establishment; or
5. Violations of any rule of the lodging establishment which is posted in a conspicuous place and manner in the lodging establishment, however, no such rule may authorize the innkeeper to eject or to refuse or deny service or accommodations to a person because of race, creed, color, national origin, sex, disability or marital status.
B. After an innkeeper informs a person that he or she is being ejected for a reason stated in subsection A of this section the person is now considered a trespasser and not a guest of the lodging establishment. If the person fails to vacate the lodging establishment after being told of his or her ejection by the innkeeper, the person shall be removed from the lodging establishment by law enforcement for trespassing pursuant to Section 1835 of Title 21 of the Oklahoma Statutes.
Added by Laws 1994, c. 79, § 5, eff. Sept. 1, 1994. Amended by Laws 2023, c. 159, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 15. Contracts › §15-509. Notice to guests.

The innkeeper shall post a copy of the Oklahoma Innkeeper Rights Act together with all rules of the lodging establishment in a conspicuous place at or near the guest registration desk and on the inside of the entrance door of any guest room.
Added by Laws 1994, c. 79, § 6, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 15. Contracts › §15-512. Finder must notify owner if known.

If the finder of a thing knows or suspects who the owner is, he must, with reasonable diligence, give him notice of the finding; and if he fails to do so, he is liable in damages to the owner, and has no claim to any reward offered by him for the recovery of the thing, or to any compensation for his trouble or expenses.
R.L.1910, § 1116.
2023 Oklahoma Statutes › Title 15. Contracts › §15-516. Finder may sell, when.

The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found; or, being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:
1. When the thing is in danger of perishing, or losing the greater part of its value; or,
2. When the lawful charges of the finder amount to two-thirds of its value.
R.L.1910, § 1120.
2023 Oklahoma Statutes › Title 15. Contracts › §15-561. "Contract of sale," "person," defined.

For the purpose of this Act, the term "contract of sale" shall be held to include sales purchases, agreements of sale, agreements to sell and agreements to purchase; that the word "person" wherever used in this act shall be construed to import the plural or singular, as the case demands, and shall include individuals, associations, partnerships and corporations.
Laws 1917, c. 97, p. 146, § 1.