In Dykes v. State Accident Insurance Fund, 47 Ore. App. 187, 613 P.2d 1106 (Or. Ct. App.1980), after finding that no contractual relationship existed between an applicant injured during a pre-employment agility test and the employer requiring the test, the Oregon Court of Appeals observed that finding the existence of a contract in such situations would compel the untenable conclusion that "every person who makes application to an employer for a job, fills out an application and takes any kind of test is ipso facto an employee." Id. at 1107.