Okla. Stat. tit. 12A, § 2A-106 Limitation On Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

• Library: Oklahoma Statutes
• Edition: 2023
• Currency: Current through Laws 2023EX1, c. 52.
• Year: 2023
• Citation: Okla. Stat. tit. 12A, § 2A-106

(1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty (30) days thereafter or in which the goods are to be used, the choice is not enforceable.

(2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.

Cite as Okla. Stat. tit. 12A, § 2A-106

History: Added by Laws 1988, HB 1683, c. 86, § 6, eff. November 1, 1988.

Note:

Oklahoma Code Comment

This provision is the first the handful of minimal consumer protections built into Article 2A. See Official Comment to § 2A-103(1)(e). Subsection (1) of this section and U3C § 1-201(1)(b), (7) and (9)(a) and (b) should produce the same applicable law in 9996 of the cases involving consumer leases and thus no conflict should exist to invoke the application of § 2A-104(2). But the relationship is more subtle. The application of the U3C to a consumer lease transaction deliberately can be manipulated. See U3C § 1-201(1)(b). In that event, U3C § 1-201(4) and (5) are designed to afford...