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355.2A-108 Unconscionability.
(1)
(2)
(3)
(4)
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.
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.
Before making a finding of unconscionability under subsection (1) or (2), the court,
on its own motion or that of 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.
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, the court may 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.
Effective: January 1, 1991
History: Created 1990 Ky. Acts ch. 363, sec. 8, effective January 1, 1991.
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