515B.1-112 UNCONSCIONABLE AGREEMENT OR TERM OF CONTRACT.
(a) The court, upon finding as a matter of law that a contract or contract clause was
unconscionable at the time the contract was made, may refuse to enforce the contract, enforce
the remainder of the contract without the unconscionable clause, or limit the application of any
unconscionable clause in order to avoid an unconscionable result.
(b) Whenever it is claimed, or appears to the court, that a contract or any contract clause is or
may be unconscionable, the parties, in order to aid the court in making the determination, shall be
afforded a reasonable opportunity to present evidence as to:
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the inability of the other party
reasonably to protect the other party's interests by reason of physical or mental infirmity, illiteracy,
inability to understand the language of the agreement, or similar factors;
(3) the effect and purpose of the contract or clause; and
(4) if a sale, any gross disparity, at the time of contracting, between the amount charged for
the property and the value of that property measured by the price at which similar property was
readily obtainable in similar transaction, provided, that this factor shall not, of itself, render
the contract unconscionable.
History: 1993 c 222 art 1 s 12