28-2-302. UNCONSCIONABLE CONTRACT OR CLAUSE. (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:
[28-2-302, added 1967, ch. 161, sec. 2-302, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
Section 28-2-301 - GENERAL OBLIGATIONS OF PARTIES.
Section 28-2-302 - UNCONSCIONABLE CONTRACT OR CLAUSE.
Section 28-2-303 - ALLOCATION OR DIVISION OF RISKS.
Section 28-2-304 - PRICE PAYABLE IN MONEY, GOODS, REALTY, OR OTHERWISE.
Section 28-2-305 - OPEN PRICE TERM.
Section 28-2-306 - OUTPUT, REQUIREMENTS AND EXCLUSIVE DEALINGS.
Section 28-2-307 - DELIVERY IN SINGLE LOT OR SEVERAL LOTS.
Section 28-2-308 - ABSENCE OF SPECIFIED PLACE FOR DELIVERY.
Section 28-2-309 - ABSENCE OF SPECIFIC TIME PROVISIONS — NOTICE OF TERMINATION.
Section 28-2-310 - OPEN TIME FOR PAYMENT OR RUNNING OF CREDIT — AUTHORITY TO SHIP UNDER RESERVATION.
Section 28-2-311 - OPTIONS AND COOPERATION RESPECTING PERFORMANCE.
Section 28-2-313 - EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE.
Section 28-2-314 - IMPLIED WARRANTY — MERCHANTABILITY — USAGE OF TRADE.
Section 28-2-315 - IMPLIED WARRANTY — FITNESS FOR PARTICULAR PURPOSE.
Section 28-2-316 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-2-317 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-318 - THIRD PARTY BENEFICIARIES OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-2-319 - F.O.B. AND F.A.S. TERMS.
Section 28-2-320 - C.I.F. AND C. & F. TERMS.
Section 28-2-322 - DELIVERY “EX-SHIP.”
Section 28-2-323 - FORM OF BILL OF LADING REQUIRED IN OVERSEAS SHIPMENT — “OVERSEAS.”
Section 28-2-324 - “NO ARRIVAL, NO SALE” TERM.
Section 28-2-325 - “LETTER OF CREDIT” TERM — “CONFIRMED CREDIT.”
Section 28-2-326 - SALE ON APPROVAL AND SALE OR RETURN — RIGHTS OF CREDITORS.
Section 28-2-327 - SPECIAL INCIDENTS OF SALE ON APPROVAL AND SALE OR RETURN.
Section 28-2-328 - SALE BY AUCTION.
Section 28-2-329 - VOLUNTARY AND UNSOLICITED SENDING OF GOODS.