GA Code § 11-2-302 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-302. Unconscionable Contract or Clause

  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.   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.    (Code 1933, § 109A-2 - 302, enacted by Ga. L. 1962, p. 156, § 1.)   Law reviews.   - For article, "Consumer Protection Against Sellers Misrepresentations," see 20 Mercer L. Rev. 414 (1969). For article, "The Unconscionability Offense," see 4 Ga. L. Rev. 469 (1970). For article discussing interpretation in Georgia of insurance policies containing evidentiary conditions, see 12 Ga. L. Rev. 783 (1978). For article discussing the anachronistic nature of the Georgia contracts code as dramatized by comparing the doctrine of consideration as it is formulated in the restatements of contracts and in Title 20 of the Georgia Code of 1933, and the interpretative approach Georgia courts have taken in dealing with such code, see 13 Ga. L. Rev. 499 (1979). For article, "The Future Use of Unconscionability and Impracticability as Contract Doctrines," see 40 Mercer L. Rev. 937 (1989). For article, "Contract Litigation and the Elite Bar in New York City, 1960-1980," see 39 Emory L.J. 413 (1990). For article, "Giving Unconscionability More Muscle: Attorney's Fees as a Remedy for Contractual Overreaching," see 44 Ga. L. Rev. 317 (2010). For note, "Pyramid Marketing Plans and Consumer Protection: State and Federal Regulation," see 21 J. of Pub. L. 445 (1972).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 17A Am. Jur. 2d, Contracts, § 295. 67 Am. Jur. 2d, Sales, §§ 233-239.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:92.   C.J.S.   - 77A C.J.S., Sales, § 79. 81 C.J.S., Specific Performance, §§ 48, 49.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-302.   ALR.    - Incontestable clause as excluding a defense based upon public policy, 35 A.L.R. 1491; 170 A.L.R. 1040.   Enforceability of transaction entered into pursuant to referral sales arrangement, 14 A.L.R.3d 1420.   "Unconscionability" as ground for refusing enforcement of contract for sale of goods or agreement collateral thereto, 18 A.L.R.3d 1305.   Punitive damages for wrongful seizure of chattel by one claiming security interest, 35 A.L.R.3d 1016.   Validity of disclaimer of warranty clauses in sale of new automobile, 54 A.L.R.3d 1217.   Enforceability, insofar as restrictions would be unreasonable, of contract containing unreasonable restrictions on competition, 61 A.L.R.3d 397.   Validity and construction of "no damage" clause with respect to delay in building or construction contract, 74 A.L.R.3d 187.   Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.   Construction and effect of new motor vehicle warranty limiting manufacturer's liability to repair or replacement of defective parts, 2 A.L.R.4th 576.   Unconscionability, under UCC § 2-302 or § 2-719(3), of disclaimer of warranties or limitation or exclusion of damages in contract subject to UCC Article 2 (Sales), 38 A.L.R.4th 25.   "Unconscionability," under UCC § 2-302, of bank's letter of credit or other financing arrangements, 15 A.L.R.5th 365.   Electricity, gas, or water furnished by public utility or alternative supplier as "goods" within provisions of Uniform Commercial Code, Article 2 on sales, 97 A.L.R.6th 1.