Code of Alabama
Ala. Code § 7-2-302 (2026)
Unconscionable Contract or Clause.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) 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.
(2) 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 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1982–2024 · leading case: Roberson v. Money Tree of Alabama, Inc., 954 F. Supp. 1519 (M.D. Ala. 1997).
Roberson v. Money Tree of Alabama, Inc., 954 F. Supp. 1519 (M.D. Ala. 1997). “1984) (applying § 7-2-302 by analogy to find clauses waiving landlord tort liability in residential leases unconscionable).”
Goodwin v. Ford Motor Credit Co., 970 F. Supp. 1007 (M.D. Ala. 1997). “” The language of this section mirrors a provision in the sale of goods chapter of the Alabama Commercial Code, 1975 Ala.Code § 7-2-302(1), governing consumer sales.”
Anderson v. Ashby, 873 So. 2d 168 (Ala. 2003). “Alabama's version of the Uniform Commercial Code, § 7-2-302, Ala. Code 1975, presents the unconscionability doctrine applicable to the sales of goods.”
Am. Gen. Fin., Inc. v. Branch, 793 So. 2d 738 (Ala. 2001). “1989), the Supreme Court observed: "`Comment (1) of the official comments to § 7-2-302 sets out the basic test to determine unconscionability: "`"[W]hether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses…”
Ex Parte Thicklin, 824 So. 2d 723 (Ala. 2002). “1989), this Court stated: "Comment (1) of the official comments to § 7-2-302 sets out the basic test to determine unconscionability: "`[W]hether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses involved are…”
Knepp v. Credit Acceptance Corp. (In Re Roy A.), 229 B.R. 821 (Bankr. N.D. Ala. 1999). “(2) 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,…”
Intergraph Corp. v. Intel Corp., 195 F.3d 1346 (Fed. Cir. 1999). “” Ala.Code § 7-2-302 Comment (1) (1997). Applying this state law, the Alabama courts have recognized that “it is not the province of the court to make or remake a contract for the parties.”
Stevens v. Phillips, 852 So. 2d 123 (Ala. 2002). “1989), this Court stated: "`Comment (1) of the official comments to § 7-2-302 sets out the basic test to determine unconscionability: "`"[W]hether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses involved…”
Cowin Equip. Co., Inc. Etc. v. Gen. Motors Corp., Etc., 734 F.2d 1581 (11th Cir. 1984). “See Ala.Code § 7-2-302; Ohio Rev.Code Ann, § 1302.”
Taylor v. Leedy & Co., Inc., 412 So. 2d 763 (Ala. 1982). “Section 7-2-302 of the Alabama Code permits this Court to refuse to enforce a contract which is found to be unconscionable.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “Code § 7-2-302 (1997). In support of its argument, MSC relies primarily on another case from this district, Majors v.”
Winecoff v. Compass Bank, 876 So. 2d 1145 (Ala. Civ. App. 2003). “Sanders and the cases cited therein, however, “concerned the application of the Uniform Commercial Code unconscion-ability provision, adopted in Alabama as Ala.Code 1975, § 7-2-302.” Williams v. E.”
— Ala. Code § 7-2-302(1) — 2 cases
Roberson v. Money Tree of Alabama, Inc., 954 F. Supp. 1519 (M.D. Ala. 1997). “1984) (applying § 7-2-302 by analogy to find clauses waiving landlord tort liability in residential leases unconscionable).”
Goodwin v. Ford Motor Credit Co., 970 F. Supp. 1007 (M.D. Ala. 1997). “” The language of this section mirrors a provision in the sale of goods chapter of the Alabama Commercial Code, 1975 Ala.Code § 7-2-302(1), governing consumer sales.”
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