400.2A-108. Unconscionability.

Unconscionability.

400.2A-108. (1) If the court as a matter of law finds alease contract or any clause of a lease contract to have beenunconscionable at the time it was made the court may refuse toenforce the lease contract, or it may enforce the remainder ofthe lease contract without the unconscionable clause, or it mayso limit the application of any unconscionable clause as to avoidany unconscionable result.

(2) Before making a finding of unconscionability undersubsection (1), the court, on its own motion or that of a party,shall afford the parties a reasonable opportunity to presentevidence as to the setting, purpose, and effect of the leasecontract or clause thereof, or of the conduct.

(L. 1992 S.B. 448)