Delaware Code
6 Del. C. § 2-302 (2026)
Unconscionable contract or clause
✓ current as of May 2026
Find cases:
SyfertCases citing this section
DE-DELCdelcode.delaware.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
(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.
5A Del. C. 1953, §§ 2-302; 55 Del. Laws, c. 349.;Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 2009–2024 · leading case: McCoy v. Chase Manhattan Bank, USA, Nat'l Ass'n, 559 F.3d 963 (9th Cir. 2009).
McCoy v. Chase Manhattan Bank, USA, Nat'l Ass'n, 559 F.3d 963 (9th Cir. 2009). “" 6 Del. C. § 2-302; see also Evans, 2006 WL 213740 , at *3, 2006 U.”
O'Fallon v. Encore Receivable Mgmt., Inc., 831 F. Supp. 2d 957 (S.D. Miss. 2011). “Therefore, Discover would be well within the three-year statute of limitations.”
UBEO Holdings, LLC v. Michael Drakulic (Del. Ch. 2021). “” 112 “A contract of adhesion may be declared unenforceable, in whole or in part, if its terms are unconscionable within the meaning of 6 Del. C. § 2-302.” 113 Under 6 Del. C. § 2-302: If the court as a matter of law finds the contract or any clause of the contract to have been…”
Megill v. Atl. States Ins. Co. (Del. Super. Ct. 2020). “K20C-06-021 WLW December 16, 2020 Insurance policies that have, as a provision, a limit shortening the time in which an insured may bring a claim for UIM coverage must adhere to the public policy goals of the UIM coverage statute or the provisions will be held voidable.”
Rummel Klepper & Kalh, LLP v. Delaware River & Bay Auth. (Del. Ch. 2022). “6 Del. C. § 2-302(1) states: 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…”
Andor Pharm., LLC v. Lannett Co., Inc. (Del. Super. Ct. 2024). “Rather, Andor states: In the James case, while discussing the unconscionability doctrine, the Court merely made reference to a section of the UCC, which provides: “[w]hen it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the…”
— 6 Del. C. § 2-302(1) — 3 cases
O'Fallon v. Encore Receivable Mgmt., Inc., 831 F. Supp. 2d 957 (S.D. Miss. 2011). “Therefore, Discover would be well within the three-year statute of limitations.”
UBEO Holdings, LLC v. Michael Drakulic (Del. Ch. 2021). “” 112 “A contract of adhesion may be declared unenforceable, in whole or in part, if its terms are unconscionable within the meaning of 6 Del. C. § 2-302.” 113 Under 6 Del. C. § 2-302: If the court as a matter of law finds the contract or any clause of the contract to have been…”
Rummel Klepper & Kalh, LLP v. Delaware River & Bay Auth. (Del. Ch. 2022). “6 Del. C. § 2-302(1) states: 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.