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Report No. 103

4.4 Uniform Commercial Code, section 2.302.-

Section 2.302 of the Uniform Commercial Code of the United States also provides1:

(i) 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.

(ii) 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.

2. Section 2.302, Uniform Commercial Code.

Unfair Terms in Contract Back

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