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Can you summarize MNST 336.2A-108?
UNIFORM COMMERCIAL CODE > UNCONSCIONABILITY.
Short Summary
This provision, found in the Minnesota Statutes under the Uniform Commercial Code, addresses the issue of unconscionability in lease contracts. If a court determines that a lease contract or any clause of a lease contract was unconscionable at the time it was made, the court has several options. It may refuse to enforce the lease contract, enforce the remainder of the lease contract without the unconscionable clause, or limit the application of the unconscionable clause to avoid any unconscionable result. In the case of consumer leases, if the court finds that a lease contract or any clause of a lease contract was induced by unconscionable conduct or that unconscionable conduct occurred in the collection of a claim arising from a lease contract, it may grant appropriate relief. Before making a finding of unconscionability, the court must provide the parties with a reasonable opportunity to present evidence regarding the setting, purpose, and effect of the lease contract or clause, or of the conduct. If a lessee claims unconscionability in a consumer lease and the court finds unconscionability, it may award reasonable attorney’s fees to the lessee. If unconscionability is not found, the court may make an award to the party against whom the claim is made. The amount of recovery on behalf of the claimant does not control the determination of attorney’s fees.
Whom does it apply to?
Parties involved in lease contracts
What does it govern?
Lease contracts and clauses
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The court may award reasonable attorney's fees to the lessee if unconscionability is found.
Jurisdiction
Minnesota