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N.C. Gen. Stat. § 25-2-302

Unconscionable contract or clause

Known as the Uniform Commercial Code

The act spans §§ 25–25 (616 sections).

Applied in 2 court decisions — leading case Duncan v. Nissan N. Am., Inc. (2018)

Most recently applied in Duncan v. Nissan N. Am., Inc. (March 2018)

1971, c. 1055, s. 1; 2025-25, s. 112.

(a) 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.

(b) 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: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.