§2302. Unconscionable contract or clause.  


Latest version.
  • (a) Finding and authority of court.--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:

    (1) refuse to enforce the contract;

    (2) enforce the remainder of the contract without the unconscionable clause; or

    (3) so limit the application of any unconscionable clause as to avoid any unconscionable result.

    (b) Evidence by parties.--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.