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. [C66, 71, 73, 75, 77, 79, 81, §554.2302] \n
Notes of Decisions
Alan Brown v. Louisiana-Pac. Corp., 820 F.3d 339 (8th Cir. 2016).
“See Iowa Code Ann. § 554.2302 (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…”
Smith v. Harrison, 325 N.W.2d 92 (Iowa 1982).
“Williston, A Treatise on the Law of Contracts § 1763A (3d ed. W. Jaeger 1972).”
DePape v. Trinity Health Sys., Inc., 242 F. Supp. 2d 585 (N.D. Iowa 2003).
“Cfi Iowa Code § 554.2302 (1) (2001) (“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.”
Bruce v. ICI Americas, Inc., 933 F. Supp. 781 (S.D. Iowa 1996).
“Iowa Code § 554.2302 . “In considering a claim of unconscionability the court should examine the factors of assent, unfair surprise, notice, disparity of bargaining power, and substantive unfairness.”
Faber v. Menard, Inc., 267 F. Supp. 2d 961 (N.D. Iowa 2003).
“”); see also *975 Iowa Code § 554.2302 (1) (2001) (“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.”
Fields v. NCR Corp., 683 F. Supp. 2d 980 (S.D. Iowa 2010).
“1998) (citing Iowa Code § 554.2302 (1) and comment 3). The Iowa Supreme Court has identified five factors to be considered in assessing whether a contract or a contract provision is unconscionable: 1) assent; 2) unfair surprise; 3) notice; 4) disparity of bargaining power; and…”
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