MARVIN MANDEL, Governor

109

against the assignor demand assurances from the assignee
(§ 2-609).

SUBTITLE 3. GENERAL OBLIGATION AND CONSTRUCTION OF
CONTRACT.

2—301. General obligations of parties.

The obligation of the seller is to transfer and
deliver and that of the buyer is to accept and pay in
accordance with the contract.

2—302. Unconscionable contract or clause.

(1)   If the court as a natter 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.

2—303. Allocation or division of risks.

Where this [subtitle] 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 [subtitle] 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