(2A-108) Unconscionability
N.D. Cent. Code § 41-02.1-08
in effect41-02.1-08. (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. 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 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 claimant 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02-1.pdf#nameddest=41-02p1-08Fetched: 10/16/2026