KRS 355.2-302

Unconscionable contract or clause

Known as the Uniform Commercial Code

The act spans §§ 355.10-101 to 355.9-809 (686 sections).

Applied in 1 court decision — leading case 40 F. Supp. 2d 863 - Gooch v. E.I. Du Pont De Nemours & Co. (1999)

Most recently applied in 40 F. Supp. 2d 863 - Gooch v. E.I. Du Pont De Nemours & Co. (February 1999)

Effective: July 1, 1960 History: Created 1958 Ky

(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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.