400.2-302. Unconscionable contract or clause.

Unconscionable contract or clause.

400.2-302. (1) If the court as a matter of law finds thecontract or any clause of the contract to have beenunconscionable at the time it was made the court may refuse toenforce the contract, or it may enforce the remainder of thecontract without the unconscionable clause, or it may so limitthe application of any unconscionable clause as to avoid anyunconscionable result.

(2) When it is claimed or appears to the court that thecontract or any clause thereof may be unconscionable the partiesshall be afforded a reasonable opportunity to present evidence asto its commercial setting, purpose and effect to aid the court inmaking the determination.

(L. 1963 p. 503 § 2-302)