(a) If a court as a matter of law finds a contract or a term thereof to have been unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable term, or limit the application of the unconscionable term so as to avoid an unconscionable result.
(b) If it is claimed or appears to the court that a contract or term thereof may be unconscionable, the parties must be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect to aid the court in making the determination.
Structure Maryland Statutes
Title 22 - Maryland Uniform Computer Information Transactions Act
Subtitle 1 - General Provisions; Short Title and Definitions; General Scope and Terms
Section 22-103 - Scope; Exclusions
Section 22-104 - Mixed Transactions: Agreement to Opt-in or Opt-Out
Section 22-106 - Rules of Construction
Section 22-107 - Legal Recognition of Electronic Record and Authentication; Use of Electronic Agents
Section 22-108 - Proof and Effect of Authentication
Section 22-109 - Choice of Law
Section 22-110 - Contractual Choice of Forum
Section 22-111 - Unconscionable Contract or Term
Section 22-112 - Manifesting Assent; Opportunity to Review
Section 22-113 - Variation by Agreement; Commercial Practice