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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

002A

:
Leases











 

§

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 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.

(3) Before

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

made.

(c) In

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.)