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NORTH CAROLINA STATUTES AND CODES

§ 25-2-302. Unconscionable contract or clause.

§25‑2‑302.  Unconscionable contract or clause.

(1)        If the court as amatter of law finds the contract or any clause of the contract to have beenunconscionable at the time it was made the court may refuse to enforce thecontract, or it may enforce the remainder of the contract without theunconscionable clause, or it may so limit the application of any unconscionableclause as to avoid any unconscionable result.

(2)        When it is claimedor appears to the court that the contract or any clause thereof may be unconscionablethe parties shall be afforded a reasonable opportunity to present evidence asto its commercial setting, purpose and effect to aid the court in making thedetermination. (1971, c. 1055, s. 1.)

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