WVC 46 - 2 - 302
§46-2-302. 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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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