How have the courts treated attorneys' fees in a release of claims action?

Appellants next argue that attorneys' fees should be awarded for a breach of a release of claims agreement only when expressly provided for in the contract--as in any other breach of contract action, see Samuel v. Frohnmayer, 308 Or. 362, 779 P.2d 1028, 1031 (1989) ("the law has long been settled that such an award may be made only when a statute or contract provides such authority"). This argument requires more lengthy discussion.

We first note that here the attorneys' fees were incurred and awarded not as

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