§ 25A-43. Unconscionability. - North Carolina Statutes

§25A‑43.  Unconscionability.

(a)        With respect to aconsumer credit sale, if the court finds the agreement or any clause of theagreement to have been unconscionable at the time it was made, the court mayrefuse to enforce the agreement, or it may enforce the remainder of theagreement without the unconscionable clause, or it may so limit the applicationof any unconscionable clause as to avoid any unconscionable result.

(b)        If it is claimed orappears to the court that the agreement or any clause thereof may beunconscionable, all parties shall be afforded a reasonable opportunity topresent evidence as to its setting, purpose and effect to aid the court inmaking its determination.

(c)        As used in thissection, "unconscionable" shall mean totally unreasonable under allof the circumstances. (1971, c. 796, s. 1.)