Sec. 108. Unconscionability — (1) With respect to a consumer credit sale, consumer
lease, or 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.
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Terms Used In Indiana Code 24-4.5-5-108
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(3) For the purpose of this section, a charge or practice expressly permitted by this Article is not in itself unconscionable.
Formerly: Acts 1971, P.L.366, SEC.6.
