Skip to main content
Find a Lawyer

Maryland Code, Commercial Law § 22-113

Current as of December 31, 2021 | Updated by FindLaw Staff

(a) The effect of any provision of this title, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties. However, the following rules apply:

(1) Obligations of good faith, diligence, reasonableness, and care imposed by this title may not be disclaimed by agreement, but the parties by agreement may determine the standards by which the performance of the obligation is to be measured if the standards are not manifestly unreasonable.

(2) The limitations on enforceability imposed by unconscionability under § 22-111 of this subtitle and fundamental public policy under § 22-105(b) of this subtitle may not be varied by agreement.

(3) Limitations on enforceability of, or agreement to, a contract, term, or right expressly stated in the sections of this title listed in the following subparagraphs may not be varied by agreement except to the extent provided in each section:

(A) The limitations on agreed choice of law in § 22-109(a);

(B) The limitations on agreed choice of forum in § 22-110;

(C) The requirements for manifesting assent and opportunity for review in § 22-112;

(D) The limitations on enforceability in § 22-201;

(E) The limitations on a mass-market license in § 22-209;

(F) The consumer defense arising from an electronic error in § 22-214;

(G) The requirements for an enforceable term in §§ 22-303(b), 22-307(g), 22-406(b) and (c), and 22-804(a);

(H) The limitations on a financier in §§ 22-507 through 22-511;

(I) The restrictions on altering the period of limitations in § 22-805(a) and (b); and

(J) The limitations on self-help repossession in §§ 22-815(b) and 22-816.

(b) Any usage of trade of which the parties are or should be aware and any course of dealing or course of performance between the parties are relevant to determining the existence or meaning of an agreement.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Maryland Code, Commercial Law § 22-113 - last updated December 31, 2021 | https://codes.findlaw.com/md/commercial-law/md-code-coml-sect-22-113/

Read this complete Maryland Code, Commercial Law § 22-113 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Maryland Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard