Unconscionability Sample Clauses

Unconscionability. An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.

Unconscionability. We express no opinion herein with respect to subsection (i) in paragraph 1 above with respect to the Pledge Agreement.

Unconscionability. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel, or other official finder of fact, the clause in question shall be modified to eliminate the unconscionable element and as so modified, the clause shall be binding on the parties. The remaining provisions of the Agreement shall not be affected by the modification of any unconscionable clause.

Unconscionability. An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law. [PL ▇▇▇▇, ▇. ▇▇▇, ▇▇. ▇, §▇ (NEW); PL ▇▇▇▇, ▇. ▇▇▇, ▇▇. ▇, §▇ (AFF).] SECTION ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇, ▇. ▇▇▇, §▇▇ (▇▇▇). PL 1995, c. 694, §E2 (AFF). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights.

Unconscionability. An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] SECTION HISTORY PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).

Unconscionability. (Id. at p. [131 S.Ct. at p. 1747].) The FAA preempts such ―generally applicable contract defenses‖ if they ―stand as an obstacle to the accomplishment of the FAA‘s objectives.‖ (Id. at p. [131 S.Ct. at p. 1748].) The Discover Bank rule stands as such an obstacle for two reasons. First, it contravenes the FAA‘s ― ‗principal purpose,‘ ‖ which ―is to ‗ensur[e] that private arbitration agreements are enforced according to their terms.‘ [Citations.]‖ (Id. at

Unconscionability. An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] SECTION HISTORY PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the Second Regular Session of the 131st Maine Legislature and is current through January 1, 2025. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights.

Unconscionability. With respect to a consumer credit sale, if the court finds the agreement or any clause of the agreement to have been unconscionable at the time it was made, the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

Unconscionability. The black letter law of unconscionability states that a contract that results from an unfair bargaining process (procedural unconscio- nability) that then leads to an unfair result (substantive unconscio- nability) can be unenforceable against the disadvantaged party.76 Unconscionability is a common law limit on contract drafters and therefore varies by state, but most states use a sliding scale77— the more unconscionable one category is, the less is required in