HRS §490:2-302
What courts can do with unfair contract terms
If a court decides a contract or a part of it was unfair when it was made, the court can refuse to enforce it, enforce the rest without the unfair part, or limit the unfair part. The court must give both sides a chance to present evidence about the deal's background and purpose.
courts
The statute, as written — Unconscionable contract or clause
(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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.