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W. Va. Code § 46-2-302

Unconscionable contract or clause

Known as the Uniform Commercial Code

The act spans §§ 46–46 (630 sections).

Applied in 4 court decisions — leading case 161 W. Va. 603 - John W. Lodge Distributing Co. v. Texaco, Inc. (1978)

Most recently applied in 186 W. Va. 613 - Art's Flower Shop, Inc. v. Chesapeake & Potomac Telephone Co. (December 1991)

How often courts cite this section

197819801990199110
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.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.