Unconscionable contract or clause
Source:
Section 72.3020 — Unconscionable contract or clause, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Unconscionability requires showing that at time of contract formation, terms of agreement bore no reasonable relationship to business risk involved and were so one sided as to be oppressive. W. L. May Co., Inc. v. Philco-Ford Corp., 273 Or 701, 543 P2d 283 (1975)
Even assuming court could address issue of conscionability when not pleaded or otherwise claimed, this section requires parties at least be given opportunity to address issue and to present evidence. Toy Co. Salem, Inc. v. Wood, 109 Or App 265, 819 P2d 312 (1991)