Sec. 42a-2-302. Unconscionable contract or clause. - Connecticut Statutes

      Sec. 42a-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.

      (1959, P.A. 133, S. 2-302.)

      Annotation to former statute (1958 Rev., S. 42-72):

      Held that it is not contrary to public policy to permit the vendee of a conditional sales contract to waive as against an assignee of the vendor such defenses as the vendee might have against the vendor. 21 CS 368.

      Annotations to present section:

      Cited. 153 C. 681, 687 (fn). Cited. 180 C. 491. Cited. 189 C. 212. Cited. 206 C. 454; Id., 608. Cited. 233 C. 304. Cited. 241 C. 24.

      Cited. 2 CA 119. Cited. 27 CA 628. Cited 31 CA 455.

      Cited. 36 CS 183.

      Cited. 6 Conn. Cir. Ct. 540.

      Subsec. (1):

      Cited. 216 C. 40.