bie result (2) When it i claimed or sppeara to the ‘court that the contract or any clause thereof may be unconscionable the partis shall be afforded a reason: able opportunity to prevent ovidonee as to its commor- lal setting, purpose and effect to sid the court in making the détermination, UCC. § 2-202, Section 2-202 should be considered in conjunction with the obligation of good faith imposed at eeveral places in the Code, Soe ey UCC. § 1-209, Resiatement of Contracis. Ea contract or term thereof ‘unconscionable st the tieo the contract is made 2 court may refuse to enforce the contract, or may enforce the remainder of the contract without thé unconsciona ble term, or may +0 limit the pplication of any uncon selonablo term as to avoid any unconscionable result, Restatement, Second, Contracts, § 208. ‘Uncomscionable bargain or contract, A contract, or a clause in contract, that is so greasy unfair to one of the parties because of stronger bargaining powers of the ‘thor party; usually hold to bo void as against public policy. An’ unconscionable bargain or contract is one ‘which no man in his senses, not under delusion, would rmeke, on the one hand, and which no fair and honest ‘man would accept, on the other. Hume ¥. U.S, 132 US. 406, 10 S.0L 1M, 99 Ld. 399, See also Uncon- ‘sclonstly TaeDascious. Not possessed of mind. Wilson v: Ray, 64 Ga.App. 540, 13 SE2d 845, 852 A stato of mind of persons of sound mind suffering from some voluntary oF involuntary ageney rendering them unaware of thelr ‘acts. Groonfild v. Com, 214 Va 710, 204 SE.2d 414, 417. Insensible to the reception of any stimali and incapable of performing or experiencing any controlled functions. One who engages in what would otherwise be criminal conduct is not guilty of a erime if he does 20 in a slate of unconsciousness. See eg, Calif. Penal Code § 2810. See algo Automat. ‘Unconstitutional. That whieh is contrary to or in con- flict with 0 constitution. "The opporite of “constitution. aL” Norion v. Shelby County, 118 US. 425, 6 SCt 1121, 30 1.8. 178, ‘This word is used in two diforent senses. One, which ‘ay be called the English sense, is that the legislation conflicts with some recognized general principle. This is. ‘no moce than to say that itis unwise, or is bused upon 9 ‘wrong or unsound principle, or conflicts with a generally ‘accepted policy. ‘The other, which may be ealled the ‘American sense, is that the legislation conflicts with ‘somo provision of our writtan Constitution, which it 5s beyond the power ofa legislative body to change. U. S. v. American Brewing Ca, DCPa, 1 F:24 1001, 1002, ‘See also Unlawid Unoontestable clause. Provision in a life inmurance palicy that prevents the carrier from contesting a claim if the policy has been in foree for a certain number of years (cornenonly two years). Uncontrollable, Incapable of hing controlled or ungow- ‘ermable. UNDER CONTROL Uncontrollable impulse. As an excuse for the commis- sion of an set otherwise criminal, this term means aa frapulee towards its commlgtion of euch Sxity and inten- sity that it cannot be resisted by the percon subject (0 it, in the enfeebled condition of hi will and moral sense: resulting from derangement. or mnnin. Ser inseriy. Uneore prist /ankor pris. L. Fr. Sull ready. ‘species of plea or ropliation by which the party alleges that he is still ready to pay oF perform all that is justly demanded of him. In conjunction with the phrase “Tout tempa prist” it significa that he has always been and Slt is ready to do what is required, thus saving costs where the whole couse is admitted, or preventing delay whore itis a replication, if the alogation is made out. 3 BLComm. 309, ‘Unouth /snkiwe/. In Saxon law, unknown; a stranger, ‘A porson ontertained in the house of another was, on the first night of his entertainment, 9 called. See Twa Fight gest Unde nihil habet /éndiy néythjal béybet/. Lat. In old English law, the name of the writ of dover, which lay for a widow, where 19 dower at all hed beon aauigned dhor within the time limited by law. 8 BLComm. 183. Under. Sometimes used in ita literal sense of below in ‘Position, beneath, but more frequently in ite wocondary ‘mesning of “inferior” or “subordinate.” Also according ‘; as, “under the tactinony.” Under and subject Words frequently used in convey: ances of land which is subject to a mortgage, to show ‘that the grantee takes mbject Le such mortgage. Undereapitalization. A term used in reference to x Dusineas which doos not have encugh each or “capital” te effectively carry on the business. See aleo Thin capt ‘atzaton. Underchamberlains of the exchequer. Ip old English low, two officers who elenved the tallies written by the clerk ofthe tallies and read the same, that the clerk of tho poll and comptrelers hereof might oe thelr entries, were true. ‘They also made searches for records in the ‘eanury, and bad the custody of Domesday Book. "The office is now abolished. Under color of law. See Color of law. Under control. This phraso docs nat necessarily mean the ability wo stop insianter under any and all cirou stances, an automobile being “under control” within the ‘moaning of the law if itis moving at such a rate, and Uo mechanism and power under such control, that it can be brought to a slop with a reasonable degree of celerty. And motorist is only bound to use that degree ‘of ence, caution, and prodence that an ordinarily care fal, cautious, and prudent man would have used at the time under same or similar circumstances in operation ‘of said automobile. In general, as applied to elreet care ‘or railroad traine, the term denotes the control and preparation appropriate to probable emergencies, Tt is {fuch control ae will enable «train to be stopped promot: Ty if need should arise. Tt implion the ability to stop