16a-5-108.   (UCCC) Unconscionability; inducement by unconscionableconduct.(1) With respect to a consumer credit transaction, if the trier of factfinds

      (a)   the agreement to have been unconscionable at the time it was made,or to have been induced by unconscionable conduct, the court may refuse toenforce the agreement, or

      (b)   any clause of the agreement to have been unconscionable at the timeit was made, the court may refuse to enforce the agreement, or may enforcethe remainder of the agreement without the unconscionable clause, or may solimit the application of any unconscionable clause as to avoid anyunconscionable result.

      (2)   If it is claimed or appears to the trier of fact that the agreementor any clause thereof may be unconscionable the parties shall be afforded areasonable opportunity to present evidence as to its setting, purpose, andeffect to aid the court in making the determination.

      (3)   For the purpose of this section, a charge or practice expresslypermitted by this act is not unconscionable.

      History:   L. 1973, ch. 85, § 84; Jan. 1, 1974.