1. (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. (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.

   Oklahoma Code Comment

   This changes the previous Oklahoma law. Oklahoma has previously held in many cases that the fact that a

   contract is harsh is not a sufficient reason to deny enforcement. Bankers' Reserve Life Ins. Co. v. Rice, 99 Okl. 184 226 P 324 (1924): Testerman v. Burt, 143 Okl. 220, 289 P. 315 (1930); Chickasaw Lumber Co. v. Kunkel, 183 Okl. 347, 82 P.2d 1003 (1938). Note that the determination of "unconscionable" is one of law for the court.

Laws 1961, SB 36, p. 79, §