Texas Statutes
Subchapter C. General Obligation and Construction of Contract
Section 2.302. Unconscionable Contract or Clause

Sec. 2.302. UNCONSCIONABLE CONTRACT OR CLAUSE. (a) 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.
(b) 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.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.

Structure Texas Statutes

Texas Statutes

Business and Commerce Code

Title 1 - Uniform Commercial Code

Chapter 2 - Sales

Subchapter C. General Obligation and Construction of Contract

Section 2.301. General Obligations of Parties

Section 2.302. Unconscionable Contract or Clause

Section 2.303. Allocation or Division of Risks

Section 2.304. Price Payable in Money, Goods, Realty, or Otherwise

Section 2.305. Open Price Term

Section 2.306. Output, Requirements and Exclusive Dealings

Section 2.307. Delivery in Single Lot or Several Lots

Section 2.308. Absence of Specified Place for Delivery

Section 2.309. Absence of Specific Time Provisions; Notice of Termination

Section 2.310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

Section 2.311. Options and Cooperation Respecting Performance

Section 2.312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

Section 2.313. Express Warranties by Affirmation, Promise, Description, Sample

Section 2.314. Implied Warranty: Merchantability; Usage of Trade

Section 2.315. Implied Warranty: Fitness for Particular Purpose

Section 2.316. Exclusion or Modification of Warranties

Section 2.317. Cumulation and Conflict of Warranties Express or Implied

Section 2.318. Chapter Neutral on Question of Third Party Beneficiaries of Warranties of Quality and on Need for Privity of Contract

Section 2.319. F

Section 2.320. C

Section 2.321. C

Section 2.322. Delivery "Ex-Ship"

Section 2.323. Form of Bill of Lading Required in Overseas Shipment; "Overseas"

Section 2.324. "No Arrival, No Sale" Term

Section 2.325. "Letter of Credit" Term; "Confirmed Credit"

Section 2.326. Sale on Approval and Sale or Return; Rights of Creditors

Section 2.327. Special Incidents of Sale on Approval and Sale or Return

Section 2.328. Sale by Auction