Okla. Stat. tit. 12A, § 12A-2A-108
This is the official text of Okla. Stat. tit. 12A, § 12A-2A-108, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Unconscionability
Official statutory text
UNCONSCIONABILITY
(1) If the court as a matter of law finds a lease contract or
any clause of a lease contract to have been unconscionable at the
time it was made the court may refuse to enforce the lease contract,
or it may enforce the remainder of the lease contract without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter
of law finds that a lease contract or any clause of a lease contract
has been induced by unconscionable conduct or that unconscionable
conduct has occurred in the collection of a claim arising from a
lease contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under
subsection (1) or (2) of this section, the court, on its own motion
or that of a party, shall afford the parties a reasonable
opportunity to present evidence as to the setting, purpose, and
effect of the lease contract or clause thereof, or of the conduct.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 239
(4) In an action in which the lessee claims unconscionability
with respect to a consumer lease:
(a) If the court finds unconscionability under
subsection (1) or (2) of this section, the court shall award
reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and
the lessee claiming unconscionability has brought or maintained an
action he knew to be groundless, the court shall award reasonable
attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of
the recovery on behalf of the claimant under subsections (1) and (2)
of this section is not controlling.
(1) If the court as a matter of law finds a lease contract or
any clause of a lease contract to have been unconscionable at the
time it was made the court may refuse to enforce the lease contract,
or it may enforce the remainder of the lease contract without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter
of law finds that a lease contract or any clause of a lease contract
has been induced by unconscionable conduct or that unconscionable
conduct has occurred in the collection of a claim arising from a
lease contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under
subsection (1) or (2) of this section, the court, on its own motion
or that of a party, shall afford the parties a reasonable
opportunity to present evidence as to the setting, purpose, and
effect of the lease contract or clause thereof, or of the conduct.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 239
(4) In an action in which the lessee claims unconscionability
with respect to a consumer lease:
(a) If the court finds unconscionability under
subsection (1) or (2) of this section, the court shall award
reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and
the lessee claiming unconscionability has brought or maintained an
action he knew to be groundless, the court shall award reasonable
attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of
the recovery on behalf of the claimant under subsections (1) and (2)
of this section is not controlling.
Status: in_force · Read it on the official government site
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