§ 34-18-13 - Unconscionability.
SECTION 34-18-13
§ 34-18-13 Unconscionability. – (a) If the court, as a matter of law, finds:
(1) A rental agreement or any provision thereof wasunconscionable when made, the court may refuse to enforce the agreement,enforce the remainder of the agreement without the unconscionable provision, orlimit the application of any unconscionable provision to avoid anunconscionable result; or
(2) A settlement in which a party waives or agrees to foregoa claim or right under this chapter or under a rental agreement wasunconscionable when made, the court may refuse to enforce the settlement,enforce the remainder of the settlement without the unconscionable provisions,or limit the application of any unconscionable provision to avoid anunconscionable result.
(b) If unconscionability is put into issue by a party or bythe court upon its own motion, the parties shall be afforded a reasonableopportunity to present evidence as to the setting, purpose and effect of therental agreement or settlement to aid the court in making the determination.