Mississippi Code
Miss. Code Ann. § 75-2-302 (2026)
Unconscionable contract or clause
✓ current as of July 2026
- (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.
Codes, 1942, § 41A:2-302; Laws, 1966, ch. 316, § 2-302, eff. 3/31/1968.
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1974–2024 · leading case: Covenant Health & Rehab. of Picayune, LP v. Est. of Moulds Ex Rel. Braddock, 14 So. 3d 695 (Miss. 2009).
Covenant Health & Rehab. of Picayune, LP v. Est. of Moulds Ex Rel. Braddock, 14 So. 3d 695 (Miss. 2009). “Miss.Code Ann. § 75-2-302 (Rev.2002). See Brown, 949 So.”
Sanderson Farms, Inc. v. Gatlin, 848 So. 2d 828 (Miss. 2003). “" Miss.Code Ann. § 75-2-302 (Rev.2002). This Court has said that a contract is unconscionable if it is "one such as no man in his senses and not under a delusion would make on the one hand, and as no honest and fair man would accept on the other.”
Bank of Indiana, Nat'l Ass'n v. Holyfield, 476 F. Supp. 104 (S.D. Miss. 1979). “Miss.Code Ann. § 75-2-302 (1972) states: (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…”
Vicksburg Partners, LP v. Stephens, 911 So. 2d 507 (Miss. 2005). “Miss.Code Ann. § 75-2-302 (1972) states: (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…”
Parkerson v. Smith, 817 So. 2d 529 (Miss. 2002). “…clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. Miss.Code Ann. § 75-2-302 (1972).”
Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr., 170 So. 3d 430 (Miss. 2014). “See Miss. Code Ann. § 75-2-302 (Rev. 2002). However, Section 75-2-302 has been applied to other types of contracts, such as arbitration contracts.”
Raesly v. Grand Hous., Inc., 105 F. Supp. 2d 562 (S.D. Miss. 2000). “See Miss. Code Ann. § 75-2-302 . The court may “pass directly on the unconscionability of the contract or particular clause therein and .”
Covenant Health Rehab of Picayune v. Brown, 949 So. 2d 732 (Miss. 2007). “Miss.Code Ann. § 75-2-302(1) (1972). Parties may agree on the means of dispute resolution, including arbitration, in any way they desire.”
Caplin Enter., Inc. v. Arrington, 145 So. 3d 608 (Miss. 2014). “” Miss.Code Ann. § 75-2-302 (Rev.2002); Estate of Moulds, 14 So.”
Smith v. EquiFirst Corp., 117 F. Supp. 2d 557 (S.D. Miss. 2000). “See Miss.Code Ann. § 75-2-302. The court may ‘pass directly on the unconscionability of the contract or particular clause therein and .”
Trinity Mission of Clinton, LLC v. Barber, 988 So. 2d 910 (Miss. Ct. App. 2007). “They cite Russell and argue that the proper methodology when examining a contract is to strike any unconscionable terms and enforce the remainder of the agreement.”
Oasis Health & Rehab of Yazoo City, LLC. v. Smith, 42 F. Supp. 3d 821 (S.D. Miss. 2014). “” Miss.Code Ann. § 75-2-302 (Uniform Commercial Code statute recognized in Moulds, 14 So.”
— Miss. Code Ann. § 75-2-302(1) — 3 cases
Sanderson Farms, Inc. v. Gatlin, 848 So. 2d 828 (Miss. 2003). “" Miss.Code Ann. § 75-2-302 (Rev.2002). This Court has said that a contract is unconscionable if it is "one such as no man in his senses and not under a delusion would make on the one hand, and as no honest and fair man would accept on the other.”
Covenant Health Rehab of Picayune v. Brown, 949 So. 2d 732 (Miss. 2007). “Miss.Code Ann. § 75-2-302(1) (1972). Parties may agree on the means of dispute resolution, including arbitration, in any way they desire.”
Trinity Mission of Clinton, LLC v. Barber, 988 So. 2d 910 (Miss. Ct. App. 2007). “They cite Russell and argue that the proper methodology when examining a contract is to strike any unconscionable terms and enforce the remainder of the agreement.”
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