The district court rejected these and instructed that there could be an automatic enforcement of the acceleration clause if the jury merely found the technical breach of a lease without consent. This instruction was erroneous and prejudicial. A new trial is required. Acceleration clauses are designed to protect the creditor from actions by the debtor which jeopardize or impair the creditor's security. They are not to be used offensively, e.g. , for the commercial advantage of the creditor.
Acceleration is a harsh remedy with draconian consequences for the debtor.
Acceleration is a matter of equity and the courts, including those of Texas, have historically been careful to evaluate the fairness of acceleration in the particular facts of a case. In performing their equitable duties, Texas courts have long required that acceleration be reasonable in light of the facts. They would not permit enforcement of acceleration clauses when the debtor's default was due to the debtor's accident or mistake or to the creditor's own fraudulent or inequitable conduct. Nor would they permit acceleration when the facts made its use unjust or oppressive. The provisions of the U.C.C. impose similar requirements on acceleration in the transactions it governs.