Unconscionability. In any action under this chapter to revoke or enforce a premarital agreement the issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
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.
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. We express no opinion herein with respect to subsection (i) in paragraph 1 above with respect to the Pledge Agreement.
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 0000, x. 000, Xx. X, §0 (NEW); PL 0000, x. 000, Xx. X, §0 (AFF).] SECTION XXXXXXX XX 0000, x. 000, §X0 (XXX). 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 (NEX); XX 0000, x. 000, Xx. E, §2 (AFX).] XXXXXXX XXXXXXX XL 1995, c. 694, §X0 (XXX). XX 0000, x. 000, §X0 (XXX). 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 First Special Session of the 130th Maine Legislature and is current through October 31, 2021. 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 i. A contract is unconscionable if the transaction is so unfair that it would offend the conscience of the court to enforce it.
ii. UCC Article 2 (and the Restatement) recognizes unconscionability and says court may:
1. Refuse to enforce the contract,
2. Enforce the remainder of the contract without the unconscionable clause (“severance”), or
3. Limit the application of the unconscionable clause so as to avoid any unconscionable result (rewriting – adjustment of the term to get rid of its unconscionable effect).
iii. Determination of unconscionability is made by the judge not the jury.
iv. Unconscionability defies precise definition, but most courts make the distinction between procedural (most common) and substantive unconscionability. Courts balance the elements and make be satisfied with a very modest showing of one, if the other is shown emphatically.
