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Mont. Code Ann. § 30-2-302

Unconscionable contract or clause

Known as the Uniform Commercial Code

The act spans §§ 30–30 (713 sections).

Applied in 1 court decision — leading case 623 F. App'x 314 - Lence Family Trust v. Elmer Christensen (2015)

Most recently applied in 623 F. App'x 314 - Lence Family Trust v. Elmer Christensen (November 2015)

En

(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: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.