(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. Laws 1961, p. 79, § 2-302.
Notes of Decisions
Major v. Microsoft Corp., 2002 OK CIV APP 120, 60 P.3d 511.
“In his Second Claim for Relief, Major and the putative class claim entitlement to a modification of the price provisions of their contracts for the purchase and use of Windows 98 under the “unconscionability” section of the Oklahoma Uniform Commercial Code (“UCC”), 12A O.”
Tuttle v. Kelly-Springfield Tire Co., 585 P.2d 1116 (Okla. 1978).
· cites it 2× “See 12A O.S.1971 § 2-302. 7 There is no counter-argument by Phillips the tire was not consumer goods or that § 2 — 719 does not apply.”
Phillips Mach. Co. v. LeBlond, Inc., 494 F. Supp. 318 (N.D. Okla. 1980).
“which deals with uneonscionability is Title 12A O.S. § 2-302, and provides: “(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…”
Okla. Stat. tit. 12A, § 2-302(A): 1 case
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.