Nevada § 104A.2108 - Unconscionability
Full text of Nevada Nevada Revised Statutes § 104A.2108 — Unconscionability, with citation guidance and answers to common questions.
§ 104A.2108. 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, 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
a clause thereof, or of the conduct. 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, 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 the lessee 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 is not controlling.
Frequently Asked Questions About Nevada § 104A.2108
What does Nevada Revised Statutes § 104A.2108 cover?
Section 104A.2108 ("Unconscionability") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 104A.2108?
A common citation format is "Nevada Revised Statutes § 104A.2108" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 104A.2108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.