Arkansas Statutes
§ 4-2-302 — Unconscionable contract or clause
Arkansas·Title 4
(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.
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Related
Jordan v. Diamond Equipment & Supply Co.
207 S.W.3d 525 (Supreme Court of Arkansas, 2005)
Associated Press v. Southern Arkansas Radio Co.
809 S.W.2d 695 (Court of Appeals of Arkansas, 1991)
Young v. American Cyanamid Co.
786 F. Supp. 781 (E.D. Arkansas, 1991)
Structured Investments Co. v. Price (In Re Price)
313 B.R. 805 (E.D. Arkansas, 2004)
Legislative History
Acts 1961, No. 185, § 2-302; A.S.A. 1947, § 85-2-302.
Nearby Sections
15
§ 4-1-101
Short titles§ 4-1-102
Scope of subtitle§ 4-1-104
Construction against implicit repeal§ 4-1-105
Severability§ 4-1-106
Use of singular and plural - Gender§ 4-1-107
Section captions§ 4-1-201
General definitions§ 4-1-202
Notice - Knowledge§ 4-1-204
Value§ 4-1-205
Reasonable time - Seasonableness§ 4-1-206
Presumptions