(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.
History. Acts 1961, No. 185, § 2-302; A.S.A. 1947, § 85-2-302.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General obligation of parties
§ 4-2-302. Unconscionable contract or clause
§ 4-2-303. Allocation or division of risks
§ 4-2-304. Price payable in money, goods, realty, or otherwise
§ 4-2-306. Output, requirements, and exclusive dealings
§ 4-2-307. Delivery in single lot or several lots
§ 4-2-308. Absence of specified place for delivery
§ 4-2-309. Absence of specific time provisions — Notice of termination
§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation
§ 4-2-311. Options and cooperation respecting performance
§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement
§ 4-2-313. Express warranties by affirmation, promise, description, sample
§ 4-2-314. Implied warranty — Merchantability — Usage of trade
§ 4-2-315. Implied warranty — Fitness for particular purpose
§ 4-2-316. Exclusion or modification of warranties
§ 4-2-317. Cumulation and conflict of warranties express or implied
§ 4-2-318. Third party beneficiaries of warranties express or implied
§ 4-2-319. F.O.B. and F.A.S. terms
§ 4-2-320. C.I.F. and C. & F. terms
§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”
§ 4-2-324. “No arrival, no sale” term
§ 4-2-325. “Letter of credit” term — “Confirmed credit”
§ 4-2-326. Sale on approval and sale or return — Rights of creditors
§ 4-2-327. Special incidents of sale on approval and sale or return