Nev. Rev. Stat. » NRS: CHAPTER 104 - UNIFORM COMMERCIAL CODE—ORIGINAL ARTICLES
Nevada Revised Statutes

Nev. Rev. Stat. § 104.2302 (2026)

Unconscionable contract or clause

✓ current as of July 2026
Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
NRS 104.2302  Unconscionable contract or clause.

      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.

      (Added to NRS by 1965, 790)

     

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1986–2024 · leading case: DR Horton, Inc. v. Green, 96 P.3d 1159 (Nev. 2004).
Sort: Relevance Newest Treatment
DR Horton, Inc. v. Green, 96 P.3d 1159 (Nev. 2004). · cites it 5× “Horton argues that the district court erroneously relied on NRS 104.2302 and Burch v. District Court [16] in invalidating the arbitration provision because NRS 104.”
Burch v. Second Jud. Dist. Court of the State of Nevada, 49 P.3d 647 (Nev. 2002). “See NRS 104.2302(1) (court may refuse to enforce an unconscionable contract).”
Sierra Diesel Injection Serv. v. Burroughs Corp., 648 F. Supp. 1148 (D. Nev. 1986). · cites it 2× “See NRS § 104.2302. For the purposes of this motion, however, the unconscionability argument need not be considered, in that one plausible interpretation of the facts indicates that the contract causes of action did not accrue until December of 1982.”
Burch v. Dist. Ct., 49 P.3d 647 (Nev. 2002). “[9] See NRS 104.2302(1) (court may refuse to enforce an unconscionable contract).”
Pacira Pharm., Inc. v. Rsch. Dev. Found. (D. Nev. 2024). · cites it 2× “15 Under Nevada law, “[w]hen it is claimed or appears to the court that the contract or any 16 clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to 17 present evidence as to its commercial setting, purpose and effect to aid the court in…”
White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). “28 25 at ¶ 210), but they fail to identify any specific term or allege how they are 1 |} unconscionable.”
— Nev. Rev. Stat. § 104.2302(1) — 3 cases
Burch v. Second Jud. Dist. Court of the State of Nevada, 49 P.3d 647 (Nev. 2002). “See NRS 104.2302(1) (court may refuse to enforce an unconscionable contract).”
Burch v. Dist. Ct., 49 P.3d 647 (Nev. 2002). “[9] See NRS 104.2302(1) (court may refuse to enforce an unconscionable contract).”
White v. 5 Arch Income Fund 2, LLC (D. Nev. 2024). “28 25 at ¶ 210), but they fail to identify any specific term or allege how they are 1 |} unconscionable.”
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.