---
title: "Screen a technology contract for unconscionability under UCC Article 2"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-standard-form-technology-contract-for-unfair-terms/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A24-SF20261022-1-US"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Screen a technology contract for unconscionability under UCC Article 2

> List each clause the lawyer marks for an unconscionability reading, and record whether the contract is a transaction in goods.

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-standard-form-technology-contract-for-unfair-terms/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each clause the lawyer marks for an unconscionability reading, and record whether the contract is a transaction in goods. |
| What the lawyer must review | UCC § 2-302 says that if a court, as a matter of law, finds the contract or a clause unconscionable at the time it was made, the court may refuse to enforce the contract, enforce the remainder without the unconscionable clause, or limit the clause to avoid an unconscionable result. The parties must have a reasonable opportunity to present evidence of the commercial setting, purpose and effect. Section 2-102 limits Article 2 to transactions in goods, unless the context otherwise requires, and says Article 2 does not impair a statute regulating sales to consumers or other specified buyers. Section 2-105 defines goods as things movable at the time of identification to the contract, with the exclusions the section states. ABA Model Rule 1.6 says a lawyer must not reveal information relating to the representation unless the client gives informed consent, the disclosure is impliedly authorized, or a listed exception applies, and must make reasonable efforts to prevent unauthorized access. Do not put the client's contract, customer list or personal information into a public tool. The governing state's rule controls. |
| Written for | United States |
| Applies to | [Check a standard-form technology contract for unfair terms](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-standard-form-technology-contract-for-unfair-terms.md) |

## Checking plan

- What the AI does: List each clause the lawyer marks for an unconscionability reading, and record whether the contract is a transaction in goods.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Unconscionability is a court finding about the contract at the time it was made. It is not the Australian three-limb unfair-term test.
- A pure software-as-a-service or services subscription may be outside Article 2 because it is not a transaction in goods. Decide that before applying § 2-302. Cornell is the official text; confirm the enacted text in the governing state.

## Sources

- [UCC § 2-302, Unconscionable Contract or Clause](https://www.law.cornell.edu/ucc/2/2-302) (checked 2026-10-22)
- [UCC § 2-102, Scope; Certain Security and Other Transactions Excluded From This Article](https://www.law.cornell.edu/ucc/2/2-102) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*