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Can you summarize SDCL Chapter 57A-2A?
UNIFORM COMMERCIAL CODE > Leases
Short Summary
The provided legal document content pertains to leases under the Uniform Commercial Code (UCC) in South Dakota. It specifically addresses 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. 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 the lease contract, the court may grant appropriate relief. The court must provide the parties with a reasonable opportunity to present evidence regarding the lease contract or clause, as well as the conduct involved, before making a finding of unconscionability. 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 document also includes definitions for various terms used in lease contracts and other relevant sections of the UCC. It is important for individuals and entities involved in lease transactions to understand these definitions and provisions to ensure compliance with the UCC.
Whom does it apply to?
Lessors, lessees, suppliers, merchants, beneficiaries, and bailees involved in lease contracts
What does it govern?
Lease contracts under the Uniform Commercial Code (UCC) in South Dakota
What are exemptions?
No specific exemptions are mentioned in these documents
What are the Penalties?
No specific penalties are mentioned in these documents
Jurisdiction
South Dakota