W. Va. Code § 46-2-302
Unconscionable contract or clause
West Virginia · West Virginia Code Chapter 46 — Uniform Commercial Code · Status: effective
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- Citation
- W. Va. Code § 46-2-302, Unconscionable contract or clause, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2387271
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Full text
(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.