Tennessee Code Annotated

Tenn. Code Ann. § 47-2-302 (2026)

Unconscionable contract or clause

✓ current as of May 2026

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(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 1963, ch. 81, § 1 (2-302).

Notes of Decisions

Cited in 3 cases, 1974–2005 · leading case: In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001).

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In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001). · cites it 2× “2302 (2); Tenn. Code Ann. § 47-2-302 (2). 59 . Because Plaintiffs did not attach copies of the relevant Ford written warranties to the Master Complaint, Ford quite properly submitted them with its motion to dismiss.”

Beard v. Worldwide Mortg. Corp., 354 F. Supp. 2d 789 (W.D. Tenn. 2005). · cites it 5× “Plaintiff asserts that the Court may act to refuse to enforce contracts or limit application of any unconscionable clause in any contracts pursuant to Tenn. Code Ann. § 47-2-302 . Section 47-2-302 provides: (1) If the court as a matter of law finds the contract or any , clause…”

Bunge Corp. v. Miller, 381 F. Supp. 176 (W.D. Tenn. 1974). “Since we determine that the unilateral extension without notice does not increase the damages over the damages as they existed on November 30, we do not reach Miller’s alternative contention that to allow such an increase in damages would be unconscionable under T.C.A. 47-2-302.…”

— Tenn. Code Ann. § 47-2-302(1) — 1 case

In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001). “2302 (2); Tenn. Code Ann. § 47-2-302 (2). 59 . Because Plaintiffs did not attach copies of the relevant Ford written warranties to the Master Complaint, Ford quite properly submitted them with its motion to dismiss.”

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