66-536. Determination of unconscionability of lease or provisions thereof, procedure. - Kansas Statutes

66-536

Chapter 66.--PUBLIC UTILITIES Article 5.--POWERS OF RAILROAD COMPANIES

      66-536.   Determination of unconscionability of leaseor provisions thereof, procedure.In any action involving a dispute arising out of a lease, ifunconscionability is put into issue by a party or by the court, the partiesshall be afforded a reasonable opportunity to present evidence as to thesetting, purpose and effect of the lease or any provision thereof to aid thecourt in making the determination. If a court, as a matter of law, finds alease or any provision thereof was unconscionable when made, the court mayrefuse to enforce the lease, enforce the remainder of the lease without theunconscionable provision or limit the application of any unconscionableprovision to avoid an unconscionable result.

      History:   L. 1998, ch. 158, § 6; July 1.