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Can you summarize NHRS 382-A:2A-108?
UNIFORM COMMERCIAL CODE > Unconscionability.
Short Summary
This provision, found in the New Hampshire Revised 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 within it was unconscionable at the time it was made, the court has several options. It may refuse to enforce the entire 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. Additionally, in the case of a consumer lease, if the court finds that the lease contract or any clause was induced by unconscionable conduct or that unconscionable conduct occurred in the collection of a claim arising from a lease contract, the court 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 the conduct involved. In an action where the lessee claims unconscionability with respect to a consumer lease, the court may award reasonable attorney’s fees to the lessee if unconscionability is found. However, if the court does not find unconscionability and the lessee brought or maintained a groundless action, the court may award reasonable attorney’s fees 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 within lease contracts
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
The court may refuse to enforce the lease contract, enforce the remainder of the lease contract without the unconscionable clause, or limit the application of any unconscionable clause to avoid any unconscionable result.
Jurisdiction
New Hampshire