Montana § 30-2-302 Unconscionable Contract Or Clause

Montana Statutes

§ 30-2-302 — Unconscionable Contract Or Clause

Montana § 30-2-302

Title 30TRADE AND COMMERCE

Ch. 2UNIFORM COMMERCIAL CODE SALES

Part 3General Obligation and Construction of Contract

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Bluebook

Mont. Code Ann. § 30-2-302 (2026).

Text

30-2-302 . Unconscionable contract or clause.

(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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30-2-302 . Unconscionable contract or clause. (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.