The Vermont Statutes Online
Uniform Commercial Code
(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 so limit the application
of any unconscionable clause as 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.
making a finding of unconscionability under subsection (1) or (2) of this
section, 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) of this section, 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 or she knew to be groundless, the court
shall award reasonable attorney's fees to the party against whom the claim is
determining attorney's fees, the amount of the recovery on behalf of the
claimant under subsections (1) and (2) of this section is not controlling.
(Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)