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§ 4111. Unconscionable agreement or term of contract

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 Pa.C.S.A. Real and Personal Property

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 Pa.C.S.A. Real and Personal Property (Refs & Annos)
Part II. Real Property
Subpart C. Cooperatives (Refs & Annos)
Chapter 41. General Provisions (Refs & Annos)
68 Pa.C.S.A. § 4111
§ 4111. Unconscionable agreement or term of contract
Currentness
(a) Powers of court.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may:
(1) refuse to enforce the contract;
(2) enforce the remainder of the contract without the unconscionable clause; or
(3) limit the application of any unconscionable clause in order to avoid an unconscionable result.
(b) Parties may present evidence.--Whenever it is claimed or appears to the court that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:
(1) The commercial setting of the negotiations.
(2) Whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors.
(3) The effect and purpose of the contract or clause.
(4) If a sale, any gross disparity at the time of contracting between the amount charged for the cooperative interest and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions, but a disparity between the contract price and the value of the cooperative interest measured by the price at which similar cooperative interests were readily obtainable in similar transactions does not, of itself, render the contract unconscionable.

Credits

1992, Dec. 18, P.L. 1426, No. 176, § 1, effective in 60 days.
68 Pa.C.S.A. § 4111, PA ST 68 Pa.C.S.A. § 4111
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document