:Law:

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:Contract:

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as our Counselor & Advocate:::

UNCONSCIONABLE CONTRACT - A contract which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other. Source: LectLaw

U.C.C. - ARTICLE 2 - SALES, PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
§ 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 commercial setting, purpose and effect to aid the court in making the determination.

U.C.C. - ARTICLE 2 - SALES
..PART 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
§ 2-106. Definitions: "Contract"; "Agreement"; "Contract for sale"; "Sale"; "Present sale"; "Conforming" to Contract; "Termination"; "Cancellation".
(1) In this Article unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods ."Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (Section 2-401 ). A "present sale" means a sale which is accomplished by the making of the contract.
(2) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.
(3) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
(4) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance.

§ 2-105. Definitions:
(1) "Goods " means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action.

The official Uniform Commercial Code Comment 5(d) to Section 9102(a)(42) of the UCC states that, as used in the definition of "general intangibles," "things in action" includes rights that arise under a license of intellectual property, including the right to exploit the intellectual property without liability for infringement. Source

While a broad definition of the term “action” might include any counterclaims raised against a plaintiff seeking relief under the FED statutes, see, e.g., UCC § 4-1-201(1), C.R.S. 2002 (UCC definition of “action” includes counterclaims), we conclude that the definition for purposes of UCC § 13-40-123 excludes claims and counterclaims relating to nonpossessory issues. Source

(1) "Action" in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity, and any other proceedings in which rights are determined.

(13) "Defendant" includes a person in the position of defendant in a cross action or counterclaim.

(30) "Person" includes an individual or an organization (see section 4-1-102 ).

OFFICIAL COMMENT Prior Uniform Statutory Provision, Changes and New Matter:
1. "Action". See similar definitions in Section 191, Uniform Negotiable Instruments Law; Section 76, Uniform Sales Act; Section 58, Uniform Warehouse Receipts Act; Section 53, Uniform Bills of Lading Act. The definition has been rephrased and enlarged.

30. "Person". See Comment to definition of "Organization". The reference to Section 1-102 is to subsection (5) of that section.

(3) The effect of provisions of this title may be varied by agreement, except as otherwise provided in this title, and except that the obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement, but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable.

OFFICIAL COMMENT
Prior Uniform Statutory Provision: Section 74, Uniform Sales Act; Section 57, Uniform Warehouse Receipts Act; Section 52, Uniform Bills of Lading Act; Section 19, Uniform Stock Transfer Act; Section 18, Uniform Trust Receipts Act.

2. Subsection (3) states affirmatively at the outset that freedom of contract is a principle of the Code: "the effect" of its provisions may be varied by "agreement." The meaning of the statute itself must be found in its text, including its definitions, and in appropriate extrinsic aids; it cannot be varied by agreement. But the Code seeks to avoid the type of interference with evolutionary growth found in Manhattan Co. v. Morgan, 242 N.Y. 38, 150 N.E. 594 (1926). Thus private parties cannot make an instrument xxx negotiable within the meaning of Article 3 except as provided in Section 3-104; nor can they change the meaning of such terms as "bona fide purchaser," "holder in due course," or "due negotiation," as used in this Act. But an agreement can change the legal consequences which would otherwise flow from the provisions of the Act. "Agreement" here includes the effect given to course of dealing, usage of trade and course of performance by Sections 1-201, 1-205 and 2-208; the effect of an agreement on the rights of third parties is left to specific provisions of this Act and to supplementary principles applicable under the next section. The rights of third parties under Section 9-301 when a security interest is unperfected, for example, cannot be destroyed by a clause in the security agreement.

This principle of freedom of contract is subject to specific exceptions found elsewhere in the Act and to the general exception stated here. The specific exceptions vary in explicitness: the statute of frauds found in Section 2-201, for example, does not explicitly preclude oral waiver of the requirement of a writing, but a fair reading denies enforcement to such a waiver as part of the "contract" made unenforceable; Section 9-501(3), on the other hand, is quite explicit. Under the exception for "the obligations of good faith, diligence, reasonableness and care prescribed by this Act," provisions of the Act prescribing such obligations are not to be disclaimed. However, the section also recognizes the prevailing practice of having agreements set forth standards by which due diligence is measured and explicitly provides that, in the absence of a showing that the standards manifestly are unreasonable, the agreement controls. In this connection, Section 1-205 incorporating into the agreement prior course of dealing and usages of trade is of particular importance.

PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT
UCC § 2-201. Formal Requirements; Statute of Frauds.
UCC § 2-202. Final Written Expression: Parol or Extrinsic Evidence.
UCC § 2-204. Formation in General.
UCC § 2-205. Firm Offers.
UCC § 2-206. Offer and Acceptance in Formation of Contract .
UCC § 2-207. Additional Terms in Acceptance or Confirmation.
UCC § 2-208. Course of Performance or Practical Construction.

:Claim of the Maxim: "_" with the meaning: "_" is with the claim of the origin by the century: ~_, Anno-Domini: author: _.

:Claim of the Etymology: For the word: _ is with the claim: "_" with the ONLINE ETYMOLOGY DICTIONARY by the Douglas: Harper. :Search.

:Claim of the Font: Italic: For the use of the italic-font is with the common-tongue of the verb-fiction. For a sample of this use is with the documentation for a quotation of a communication with the writing or speaking by its author. For another sample of the use is for the identification of the name of an fiction-entity.

:Claim of the Font: Bold: For the use of the bold-font is for the emphasis with a matter for the benefit of the ease of the identification and comprehension of the concepts of the document.

:Claim of the Font: Line: For the use of the font with a line at the base of the letters is for the web-link with the source for the confirmation of the matter, or with a page for the study of a concept of the document.

:Claim of the Punctuation: Colon: For the use of full colons is for the meaning as a phrase for the security of the next-word:: meaning word with the nexus, as a noun.

:Claim of the Punctuation: Quotation: For the use of the pairs of the opening and closing: quotation-marks is for the meaning as the quotation of a communication by another party.

:Claim of the Punctuation: Box: For the use of the pairs of the opening and closing: brackets, or parentheses is for the lack of the joinder with the communication of the body of the document by the law of the box. For the use of the box against the document is with the meaning as a private-note for the edification of the reader by the author. For the use of the box against a quotation is for the claims of the clarification of the meaning of the quotation.

For the sharing of these communications is for the spiritual-education, healing-benefit and sanctification of each living-soul as a private-communion with this minister, with the lack of any offer with the fiction-commerce of this world and with the lack of any negotiability between all parties as these cells in the Christ. For all truth and reality of all creation is with the ownership by the Creator. For all matters in the universe of each moment are as the gift for each soul with his love by our Lord. For any truth of these matters of this page and site for the study is for the knowledge and freedom of the soul, with the use with all love, charity, humility, honesty, wisdom and volition for the good of all souls of our friends and enemies, foreign and domestic, as a gift with the finding by the grace and will of our Lord. For all communications through this Ambassador of the Christ are by this Glen-Martin of the Swartwout-family©-commonlaw-trade-name/copyright/COPYCLAIM/copy-Christ with the claim of all powers for all truth in one law, with these claims with the law by our Lord:

~I: U.C.C.: §: ~I: ~CIII (UCC 103) with the correction of the language for the claims of the T.D.C. with the correction of the language for the claim of the Threat, Duress and Coersion by the Powers of this world against the will of our Lord; (Non A)ssumsit-Contract with the correction of the language for the lack of any authorization of any contract with the lack of full closure with the claim of the meaning of each word in the truth with the will by our Lord; and with the claim of the re:course for the freedom against the compelling of any benefit and against any claim of an occult-contract or claim of the commerce with any ficition; and with the claim of all re:course by our Lord.
~II: U.C.C.: §: ~I: ~CIII: ~VI (UCC 103.6) with the correction of the language for the claim of the common-Law of this Christendom of the sojourners of this Earth in the Kingdom of the Heaven with the creation and ownership by the Lord.
~III: U.C.C.: §: ~I: ~CCVII (UCC 207) with the correction of the language for the claim of the re:medy for the freedom of the contract against any force by the Powers of this world; with the claim of the volition against any contract of a debt-discharge with any association with the bankruptcy-scrip of the unity-States or with any fiction or fraud with the conveyance of any value; and with the claim of all re:medy by our Lord.
~IV: U.C.C.: §: ~I: ~CCVII: ~IV (UCC 207.4) With(out) the (Pre)judice with the correction of the language for the claim of the lack of any judgement of any Man by another Man; and with the claim of the judgement by our Lord.
~V: U.C.C.: §: ~I: ~CCVII: ~VII (UCC 207.7)with All Rights: (Re)serve(d) with the correction of the language for the claim of all rights, freedoms and powers by the will of our Lord.with the correction of the language for the claim against the waiver of any powers with the gift by our Lord.
~VI: New-Covenant with the correction of the language for the claim of one Law for the Love, Truth, Way and Life with the Will, Grace, Justice and Mercy by our Lord.
~VII: '"The law was made for man, not man for the law."' With the language correction of the claim: for the making of the law for the Men is with the lack of the making of the Men for the law, by our Creator.
:::'"the law is not made for a righteous man, but for the lawless and disobedient"'::: ~I: Timothy: ~I: ~IX.
~VIII: :::'"To love all people and all things is the key to being like God, the great lover"'::: Wisdom: ~XI: ~XXIV. :::'"You shall love your neighbor as yourself and the alien too."'::: Leviticus: ~IXX: ~IIXX, ~XXXIV; For the heart of the law is: love. :::'"You shall love the Lord your God with your whole heart, your whole soul, your whole strength."'::: :Deuteronomy: ~VI: ~V.
~IX: :::'"I have not come to destroy the Law but to fulfill it. Amen, I say to you, till heaven and earth pass away, not one jot or tittle of the Law will be lost until it is all fulfilled…. Unless your justice exceeds that of the scribes and the Pharisees, you shall not enter the kingdom of heaven."'::: Matthew: ~V: ~XVII, ~IIXX, ~XX.