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This entry was published on 2014-09-22
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Unconscionable Contract or Clause
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 2--302. Unconscionable Contract or Clause.

(1) If the court as a matter of law finds the contract or any clause
of the contract to have been unconscionable at the time it was made the
court may refuse to enforce the contract, or it may enforce the
remainder of the contract without the unconscionable clause, or it may
so limit the application of any unconscionable clause as to avoid any
unconscionable result.

(2) When it is claimed or appears to the court that the contract or
any clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its commercial setting,
purpose and effect to aid the court in making the determination.