§ 2302. Unconscionable contract or clause.
(a) Finding and authority of court.--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:
(1) refuse to enforce the contract;
(2) enforce the remainder of the contract without the unconscionable clause; or
(3) so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) Evidence by parties.--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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - General Obligation and Construction of Contract
Section 2301 - General obligations of parties
Section 2302 - Unconscionable contract or clause
Section 2303 - Allocation or division of risks
Section 2304 - Price payable in money, goods, realty or otherwise
Section 2305 - Open price term
Section 2306 - Output, requirements and exclusive dealings
Section 2307 - Delivery in single lot or several lots
Section 2308 - Absence of specified place for delivery
Section 2309 - Absence of specific time provisions; notice of termination
Section 2310 - Open time for payment or running of credit; authority to ship under reservation
Section 2311 - Options and cooperation respecting performance
Section 2312 - Warranty of title and against infringement; obligation of buyer against infringement
Section 2313 - Express warranties by affirmation, promise, description or sample
Section 2314 - Implied warranty: merchantability; usage of trade
Section 2315 - Implied warranty: fitness for particular purpose
Section 2316 - Exclusion or modification of warranties
Section 2317 - Cumulation and conflict of warranties express or implied
Section 2318 - Third party beneficiaries of warranties express or implied
Section 2319 - F.O.B. and F.A.S. terms
Section 2320 - C.I.F. and C. & F. terms
Section 2322 - Delivery "ex-ship."
Section 2323 - Form of bill of lading required in overseas shipment; "overseas."
Section 2324 - "No arrival, no sale" term
Section 2325 - "Letter of credit" term; "confirmed credit."
Section 2326 - Sale on approval and sale or return; rights of creditors
Section 2327 - Special incidents of sale on approval and sale or return