70A-2a-108 - Unconscionability.
70A-2a-108. Unconscionability.
(1) If the court as a matter of law finds a lease contract or any clause of a lease contractto have been unconscionable at the time it was made, the court may refuse to enforce the leasecontract, or it may enforce the remainder of the lease contract without the unconscionable clause,or it may limit the application of an unconscionable clause to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter of law finds that a leasecontract or any clause of a lease contract has been induced by unconscionable conduct, or thatunconscionable conduct has occurred in the collection of a claim arising from a lease contract, thecourt 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 presentevidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of theconduct.
(4) In an action in which the lessee claims unconscionability with respect to a consumerlease:
(a) If the court finds unconscionability under Subsection (1) or (2), the court shall awardreasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionabilityhas brought or maintained an action he knew to be groundless, the court shall award reasonableattorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on behalf of the claimantunder Subsections (1) and (2) is not controlling.
Enacted by Chapter 197, 1990 General Session