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
Title 1 - Uniform Commercial Code
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 2.322. 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