70A-2a-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 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 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 lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionability
has brought or maintained an action he knew to be groundless, the court shall award reasonable
attorney'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 claimant
under Subsections (1) and (2) is not controlling.
Enacted by Chapter 197, 1990 General Session
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Last revised: Thursday, May 28, 2009