This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.
Oregon Conflicts Between Printed Form and Added Terms refer to the legal disputes that can arise when there are conflicting terms between a preprinted contract form and additional terms added to the contract. This issue often arises when parties enter into agreements using standard forms such as contracts, purchase agreements, or lease agreements. In Oregon, there are two types of conflicts that can occur between printed form and added terms: 1. Conflicts of Express Precedence: This type of conflict arises when the terms added by one party directly conflict with the pre-printed terms in the form. In Oregon, if the added terms conflict with the printed terms, the added terms will generally prevail over the printed terms unless the party who added the terms had reason to know the conflicting term was objected to or would have reason to know that the printed terms would be objected to. For example, if a tenant and a landlord are entering into a lease agreement using a standard form, but the tenant adds a clause stating that the landlord will be responsible for all maintenance costs, this added term may conflict with the pre-printed term that specifies the tenant is responsible for maintenance. In this case, unless the landlord objected to that term or the tenant had reason to know that the landlord would object, the added term giving responsibility to the landlord would likely prevail. 2. Conflicts of Implied Precedence: This type of conflict occurs when the printed terms and the added terms do not directly conflict but can be interpreted in a way that creates inconsistencies. In these situations, Oregon follows the rule that the added terms will prevail over the printed terms unless the printed terms were explicitly agreed upon and intended to control the contract. For instance, if a buyer adds a clause to a purchase agreement specifying that any disputes will be resolved through mediation, while the pre-printed terms state that disputes will be resolved in court, the added term will prevail as it does not directly conflict with the printed terms and is not explicitly controlled by the pre-printed terms. In summary, Oregon Conflicts Between Printed Form and Added Terms involve legal disputes arising from conflicting provisions between preprinted contract forms and additional terms added by the parties. These conflicts can be classified as conflicts of express precedence or conflicts of implied precedence, depending on the nature of the conflict. Understanding these conflicts is crucial for parties to ensure clarity and enforceability of their contractual agreements in Oregon.
