TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 45

REMEDIES AND PENALTIES

PART 1.

LIMITATIONS ON CREDITORS’ REMEDIES

28-45-106.  Unconscionability. (1) With respect to a regulated consumer credit sale, or regulated 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 act is not in itself unconscionable.

History:

[28-45-106, added 1983, ch. 119, sec. 3, p. 295.]