Miss. Code Ann. § 75-2-302

Unconscionable contract or clause

Known as the Uniform Commercial Code

The act spans §§ 75–75 (480 sections).

Applied in 22 court decisions — leading case 817 So. 2d 529 - Parkerson v. Smith (2002)

Most recently applied in 42 F. Supp. 3d 821 - Oasis Health & Rehab of Yazoo City, LLC. v. Smith (August 2014)

Codes, 1942, § 41A:2-302; Laws, 1966, ch. 316, § 2-302, eff March 31, 1968.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.