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This entry was published on 2014-09-22
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Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 1
Section 2-A-108. Unconscionability.

(1) If the court as a matter of law finds a lease contract or any
clause of a lease contract to have been unconscionable at the time it
was made the court may refuse to enforce the lease contract, or it may
enforce the remainder of the lease contract without the unconscionable
clause, or it may so limit the application of any unconscionable clause
as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law
finds that a lease contract or any clause of a lease contract has been
induced by unconscionable conduct or that unconscionable conduct has
occurred in the collection of a claim arising from a lease contract, the
court may grant appropriate relief.

(3) Before making a finding of unconscionability under subsection (1)
or (2), the court, on its own motion or that of a party, shall afford
the parties a reasonable opportunity to present evidence as to the
setting, purpose, and effect of the lease contract or clause thereof, or
of the conduct.

(4) In an action in which the lessee claims unconscionability with
respect to a consumer lease:

(a) if the court finds unconscionability under subsection (1) or

(2), the court shall award reasonable attorney's fees to the


(b) in determining attorney's fees, the amount of recovery on

behalf of the claimant under subsections (1) and (2) is not