59.1-501.11 - Unconscionable contract or term. - Virginia Statutes

§ 59.1-501.11. Unconscionable contract or term.

(a) If a court as a matter of law finds a contract or a term thereof to havebeen unconscionable at the time it was made, the court may refuse to enforcethe contract, enforce the remainder of the contract without theunconscionable term, or limit the application of the unconscionable term soas to avoid an unconscionable result.

(b) If a court as a matter of law finds a contract or a term thereof has beeninduced by unconscionable conduct or that unconscionable conduct has occurredin the collection of a claim arising from the contract, the court may grantappropriate relief.

(c) If it is claimed or appears to the court that a contract or term thereofmay be unconscionable, the parties must be afforded a reasonable opportunityto present evidence as to its commercial setting, purpose, and effect to aidthe court in making the determination.

(2000, cc. 101, 996.)