RCW 62A.2A-108
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) If a party claims that, or it appears to the court that, the lease contract or a clause within the contract may be unconscionable, the court shall allow a reasonable opportunity to present evidence as to the lease or clause's commercial setting, purpose, and effect to aid the court in making the determination.
[1993 c 230 § 2A-108.]
NOTES:
Effective date—1993 c 230: See RCW 62A.11-110.
Structure Revised Code of Washington
Title 62A - Uniform Commercial Code
62A.2A-103 - Definitions and index of definitions.
62A.2A-104 - Leases subject to other law.
62A.2A-105 - Territorial application of article to goods covered by certificate of title.
62A.2A-107 - Waiver or renunciation of claim or right after default.
62A.2A-108 - Unconscionability.
62A.2A-201 - Statute of frauds.
62A.2A-202 - Final written expression: Parol or extrinsic evidence.
62A.2A-203 - Seals inoperative.
62A.2A-204 - Formation in general.
62A.2A-206 - Offer and acceptance in formation of lease contract.
62A.2A-208 - Modification, rescission, and waiver.
62A.2A-209 - Lessee under finance lease as beneficiary of supply contract.
62A.2A-210 - Express warranties.
62A.2A-212 - Implied warranty of merchantability.
62A.2A-213 - Implied warranty of fitness for particular purpose.
62A.2A-214 - Exclusion or modification of warranties.
62A.2A-215 - Cumulation and conflict of warranties express or implied.
62A.2A-216 - Third party beneficiaries of express and implied warranties.
62A.2A-218 - Insurance and proceeds.
62A.2A-220 - Effect of default on risk of loss.
62A.2A-221 - Casualty to identified goods.
62A.2A-301 - Enforceability of lease contract.
62A.2A-302 - Title to and possession of goods.
62A.2A-304 - Subsequent lease of goods by lessor.
62A.2A-305 - Sale or sublease of goods by lessee.
62A.2A-306 - Priority of certain liens arising by operation of law.
62A.2A-308 - Special rights of creditors.
62A.2A-309 - Lessor's and lessee's rights when goods become fixtures.
62A.2A-310 - Lessor's and lessee's rights when goods become accessions.
62A.2A-311 - Priority subject to subordination.
62A.2A-401 - Insecurity: Adequate assurance of performance.
62A.2A-402 - Anticipatory repudiation.
62A.2A-403 - Retraction of anticipatory repudiation.
62A.2A-404 - Substituted performance.
62A.2A-405 - Excused performance.
62A.2A-406 - Procedure on excused performance.
62A.2A-407 - Irrevocable promises: Finance leases.
62A.2A-501 - Default: Procedure.
62A.2A-502 - Notice after default.
62A.2A-503 - Modification or impairment of rights and remedies.
62A.2A-504 - Liquidation of damages.
62A.2A-506 - Statute of limitations.
62A.2A-507 - Proof of market rent: Time and place.
62A.2A-508 - Lessee's remedies.
62A.2A-509 - Lessee's rights on improper delivery; rightful rejection.
62A.2A-510 - Installment lease contracts: Rejection and default.
62A.2A-511 - Merchant lessee's duties as to rightfully rejected goods.
62A.2A-512 - Lessee's duties as to rightfully rejected goods.
62A.2A-513 - Cure by lessor of improper tender or delivery; replacement.
62A.2A-514 - Waiver of lessee's objections.
62A.2A-515 - Acceptance of goods.
62A.2A-517 - Revocation of acceptance of goods.
62A.2A-518 - Cover; substitute goods.
62A.2A-520 - Lessee's incidental and consequential damages.
62A.2A-521 - Lessee's right to specific performance or replevin.
62A.2A-522 - Lessee's right to goods on lessor's insolvency.
62A.2A-523 - Lessor's remedies.
62A.2A-524 - Lessor's right to identify goods to lease contract.
62A.2A-525 - Lessor's right to possession of goods.
62A.2A-526 - Lessor's stoppage of delivery in transit or otherwise.
62A.2A-527 - Lessor's rights to dispose of goods.
62A.2A-528 - Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.
62A.2A-529 - Lessor's action for the rent.
62A.2A-530 - Lessor's incidental damages.
62A.2A-531 - Standing to sue third parties for injury to goods.