(a) If the court as a matter of law finds the contract or a clause of the contract was unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or so limit the application of an unconscionable clause as to avoid an unconscionable result.
(b) If it is claimed or appears to the court that the contract or any clause of the contract may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
Structure Alaska Statutes
Article 3. General Obligation and Construction of Contract.
Sec. 45.02.301. General obligations of parties.
Sec. 45.02.302. Unconscionable contract or clause.
Sec. 45.02.303. Allocation or division of risks.
Sec. 45.02.304. Price payable in money, goods, realty, or otherwise.
Sec. 45.02.305. Open price term.
Sec. 45.02.306. Output, requirements, and exclusive dealings.
Sec. 45.02.307. Delivery in single lot or several lots.
Sec. 45.02.308. Absence of specified place for delivery.
Sec. 45.02.309. Absence of specific time provisions; notice of termination.
Sec. 45.02.310. Open time for payment or running of credit; authority to ship under reservation.
Sec. 45.02.311. Options and cooperation respecting performance.
Sec. 45.02.312. Warranty of title and against infringement; buyer's obligation against infringement.
Sec. 45.02.313. Express warranties by affirmation, promise, description, sample.
Sec. 45.02.314. Implied warranty: Merchantability; usage of trade.
Sec. 45.02.315. Implied warranty: Fitness for particular purpose.
Sec. 45.02.316. Exclusion or modification of warranties.
Sec. 45.02.317. Cumulation and conflict of warranties express or implied.
Sec. 45.02.318. Third-party beneficiaries of warranties express or implied.
Sec. 45.02.319. F.O.B. and F.A.S. terms.
Sec. 45.02.320. C.I.F. and C. & F. terms.
Sec. 45.02.322. Delivery “ex-ship.”
Sec. 45.02.323. Form of bill of lading required in overseas shipment; “overseas.”
Sec. 45.02.324. “No arrival, no sale” term.
Sec. 45.02.325. “Letter of credit” term; “confirmed credit.”
Sec. 45.02.326. Sale on approval and sale or return; rights of creditors.
Sec. 45.02.327. Special incidents of sale on approval and sale or return.