802                             laws of Maryland                      [Ch. 538

2—302. Unconscionable Contract or Clause.

(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 com-
mercial setting, purpose and effect to aid the court in making the
determination.

2—303. Allocation or Division of Risks.

Where this Sub-title allocates a risk or a burden as between the
parties "unless otherwise agreed", the agreement may not only shift
the allocation but may also divide the risk or burden.

2—304. Price Payable in Money, Goods, Realty, or Otherwise.

(1)   The price can be made payable in money or otherwise. If it
is payable in whole or in part in goods each party is a seller of the
goods which he is to transfer.

(2)  Even though all or part of the price is payable in an interest
in realty the transfer of the goods and the seller's obligations with
reference to them are subject to this Sub-title, but not the transfer
of the interest in realty or the transferor's obligations in connection
therewith.

2—305. Open Price Term.

(1)   The parties if they so intend can conclude a contract for sale
even though the price is not settled. In such a case the price is a
reasonable price at the time for delivery if

(a)  nothing is said as to price; or

(b)  the price is left to be agreed by the parties and they fail to
agree; or

(c)  the price is to be fixed in terms of some agreed market or
other standard as set or recorded by a third person or agency and
it is not so set or recorded.

(2)  A price to be fixed by the seller or by the buyer means a price
for him to fix in good faith.

(3)   When a price left to be fixed otherwise than by agreement of
the parties fails to be fixed through fault of one party the other may
at his option treat the contract as cancelled or himself fix a reason-
able price.

(4) Where, however, the parties intend not to be bound unless the
price be fixed or agreed and it is not fixed or agreed there is no con-
tract. In such a case the buyer must return any goods already re-
ceived or if unable so to do must pay their reasonable value at the
time of delivery and the seller must return any portion of the price
paid on account.