383.555 Unconscionability.

165 words·~1 min read·/ky/chapter-383/383-555

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the court, as a matter of law, finds:

(a)A rental agreement or any provision thereof was unconscionable when made,

the court may refuse to enforce the agreement, enforce the remainder of the

agreement without the unconscionable provision, or limit the application of

any unconscionable provision to avoid an unconscionable result; or

(b)A settlement in which a party waives or agrees to forego a claim or right under

KRS 383.505 to 383.715 or under a rental agreement was unconscionable

when made, the court may refuse to enforce the settlement, enforce the

remainder of the settlement without the unconscionable provision, or limit the

application of any unconscionable provision to avoid an unconscionable

result.

(2)If unconscionability is put into issue by a party or by the court upon its own motion,

the parties shall be afforded a reasonable opportunity to present evidence as to the

setting, purpose, and effect of the rental agreement or settlement to aid the court in

making the determination.