North Dakota Code § 41-02-19

(2-302) Unconscionable contract or clause
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1. If the court as a matter of law finds the contract or any clause of the contract to have 
been unconscionable at the time it was made, the court may refuse to enforce the 
contract, or it may enforce the remainder of the contract without the unconscionable 
clause, or it may so limit the application of any unconscionable clause as to avoid any 
unconscionable result.
2. When it is claimed or appears to the court that the contract or any clause thereof may 
be unconscionable, the parties shall be afforded a reasonable opportunity to present 
evidence as to its commercial setting, purpose, and effect to aid the court in making 
the determination.

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