2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 41 - General Provisions
4111 - Unconscionable agreement or term of contract.

     § 4111.  Unconscionable agreement or term of contract.
        (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.