41-02-19. (2-302) Unconscionable contract or clause.
113 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.