§ 24-4.5-5-108 — Unconscionability

Unconscionability — (1) With respect to
a consumer credit sale, consumer lease, or consumer loan, if the court
as a matter of law finds the agreement or any clause of the agreement
to have been unconscionable at the time it was made the court may
refuse to enforce the agreement, or it may enforce the remainder of the
agreement without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any
unconscionable result.
(2) If it is claimed or appears to the court that the agreement or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose,
and effect to aid the court in making the determination.
(3) For the purpose of this section, a charge or practice expressly
permitted by this Article is not in itself unconscionable.
Formerly: Acts 1971, P.L.366, SEC.6.
(Part 2. Debtors' Remedies)