Oregon Court of Appeals Holds That Handbooks Can Form Contracts Unless Clearly Disclaimed
The Court of Appeals of the State of Oregon recently clarified in Dailey v. University of Portland that under Oregon law, handbooks can form contracts unless there is a clear disclaimer. The court emphasized that conspicuous and unambiguous disclaimers can prevent statements in handbooks from becoming contractual statements. Quicks Hits In Dailey v. University of Portland , the Court of Appeals of the State of Oregon addressed the enforceability of handbook provisions as a “contract.” Generally, Oregon law recognizes that handbook provisions can form a contract unless effectively disclaimed. The court emphasized that employers must ensure disclaimers are clear, prominently placed. Background Stephen Dailey was a student in the University of Portland’s doctoral nursing program. He began the nursing program in 2015. However, in 2017, due to personal circumstances, he reduced his course load. The following year, in 2018, he took a leave of absence and did not return until...