17.944 REVIEW BY COMMISSIONER.
Subdivision 1. Agricultural contracts.
For purposes of this section and section
"agricultural contract" includes, where applicable, the cover sheet as defined in section
and material risk disclosure statement required by section
17.91, subdivision 2
Subd. 2. Process of review.
A contractor may submit an agricultural contract to the
commissioner for review as to whether it complies with section
. After reviewing the
contract, the commissioner shall:
(1) certify that the contract complies with section
(2) decline to certify that the contract complies with section
and note objections;
(3) decline to review the contract because the contract's compliance with section
is subject to pending litigation; or
(4) decline to review the contract because the contract is not subject to section
Subd. 3. Factors in determining readability.
In determining whether a contract or cover
sheet is readable within the meaning of section
, the commissioner shall consider at least
the following factors:
(1) the simplicity of the sentence structure;
(2) the extent to which commonly used and understood words are employed;
(3) the extent to which esoteric legal terms are avoided;
(4) the extent to which references to other sections or provisions of the contract are
(5) the Flesch scale analysis readability score as outlined in section
(6) the extent to which clear definitions are used in the text of the contract; and
(7) additional factors relevant to the contract being easy to read and understand.
Subd. 4. Process not reviewable.
Actions of the commissioner under subdivision 1 are not
subject to chapter 14 and are not appealable.
Subd. 5. Limited effect of certification.
A contract certified under subdivision 1 is deemed
to comply with section
. Certification of a contract under subdivision 1 does not constitute
an approval of the contract's legality or legal effect.
If the commissioner certifies a contract or fails to respond within 30 days of receipt of the
contract, the contractor will have complied with sections
, and the remedies
stated in subdivisions 7 and 8 are not available.
Subd. 6. Review not required.
Failure to submit a contract to the commissioner for review
under subdivision 1 does not show a lack of good faith or raise a presumption that the contract
Subd. 7. Enforcement remedies.
A violation of section
is a violation subject to
8.31, subdivision 1
. The remedies in section
8.31, subdivisions 3 and 3a
, are limited
Subd. 8. Reformation.
(a) In addition to the remedies provided in section
, a court
reviewing an agricultural contract may change the terms of the contract or limit a provision to
avoid an unfair result if it finds that:
(1) a material provision of the contract violates section
(2) the violation caused the producer to be substantially confused about any of the rights,
obligations, or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the producer.
(b) If the court reforms or limits a provision of a contract, the court shall also make orders
necessary to avoid unjust enrichment. Bringing a claim for relief under this subdivision does not
entitle a producer to withhold performance of an otherwise valid contractual obligation. No relief
may be granted under this subdivision unless the claim is brought before the obligations of the
contract have been fully performed.
History: 2000 c 470 s 8