§ 34-18-13. Unconscionability.
(a) If the court, as a matter of law, finds:
(1) A rental agreement or any provision thereof was unconscionable when made, the court
may refuse to enforce the agreement, enforce the remainder of the agreement without
the unconscionable provision, or limit the application of any unconscionable provision
to avoid an unconscionable result; or
(2) A settlement in which a party waives or agrees to forego a claim or right under this
chapter or under a rental agreement was unconscionable when made, the court may refuse
to enforce the
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§ 34-18-13. Unconscionability.
(a) If the court, as a matter of law, finds:
(1) A rental agreement or any provision thereof was unconscionable when made, the court
may refuse to enforce the agreement, enforce the remainder of the agreement without
the unconscionable provision, or limit the application of any unconscionable provision
to avoid an unconscionable result; or
(2) A settlement in which a party waives or agrees to forego a claim or right under this
chapter or under a rental agreement was unconscionable when made, the court may refuse
to enforce the settlement, enforce the remainder of the settlement without the unconscionable
provisions, or limit the application of any unconscionable provision to avoid an unconscionable
result.
(b) If unconscionability is put into issue by a party or by the court upon its own motion,
the parties shall be afforded a reasonable opportunity to present evidence as to the
setting, purpose and effect of the rental agreement or settlement to aid the court
in making the determination.