Indiana Statutes
§ 26-1-2-302 — Unconscionable contract or clause
Indiana § 26-1-2-302
This text of Indiana § 26-1-2-302 (Unconscionable contract or clause) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Ind. Code § 26-1-2-302 (2026).
Text
(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.
Formerly: Acts 1963, c.317, s.2-302.
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Related
Rheem Manufacturing Co. v. Phelps Heating & Air Conditioning, Inc.
746 N.E.2d 941 (Indiana Supreme Court, 2001)
Martin Rispens & Son v. Hall Farms, Inc.
621 N.E.2d 1078 (Indiana Supreme Court, 1993)
Van Bibber v. Norris
419 N.E.2d 115 (Indiana Supreme Court, 1981)
General Bargain Center v. American Alarm Co.
430 N.E.2d 407 (Indiana Court of Appeals, 1982)
Sanco, Inc. v. Ford Motor Co.
579 F. Supp. 893 (S.D. Indiana, 1984)
Maxon Corp. v. Tyler Pipe Industries, Inc.
497 N.E.2d 570 (Indiana Court of Appeals, 1986)
Martin Rispens & Son v. Hall Farms, Inc.
601 N.E.2d 429 (Indiana Court of Appeals, 1992)
Sho-Pro of Indiana, Inc. v. Brown
585 N.E.2d 1357 (Indiana Court of Appeals, 1992)
Bowlers Country Club, Inc. v. Royal Links USA, Inc.
846 N.E.2d 732 (Indiana Court of Appeals, 2006)
Leaf Funding, Inc. v. Brogan Pharmaceuticals, Inc.
642 F. Supp. 2d 844 (N.D. Indiana, 2009)
Nearby Sections
15
§ 26-1-1-0.3
Certain security interests considered perfected§ 26-1-1-0.5
Status of certain security interests; conditions; lapsing of perfection;
filing of financing statements§ 26-1-1-101
Short title; application§ 26-1-1-104
Construction against implicit repeal§ 26-1-1-105
Repealed§ 26-1-1-106
Remedies to be liberally administered§ 26-1-1-108
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Bluebook (online)
Indiana § 26-1-2-302, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/26-1-2-302.