§ 6608. Duty to mitigate

170 words·~1 min read·/usc/title-15/section-6608

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(a)In general Damages awarded in any Y2K action shall exclude compensation for damages the plaintiff could reasonably have avoided in light of any disclosure or other information of which the plaintiff was, or reasonably should have been, aware, including information made available by the defendant to purchasers or users of the defendant’s product or services concerning means of remedying or avoiding the Y2K failure involved in the action.

(b)Preservation of existing law The duty imposed by this section is in addition to any duty to mitigate imposed by State law.

(c)Exception for intentional fraud Subsection

(a)does not apply to damages suffered by reason of the plaintiff’s justifiable reliance upon an affirmative material misrepresentation by the defendant, made by the defendant with actual knowledge of its falsity, concerning the potential for Y2K failure of the device or system used or sold by the defendant that experienced the Y2K failure alleged to have caused the plaintiff’s harm.

(Pub. L. 106–37, § 9, July 20, 1999, 113 Stat. 198.)

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Public Law 106–37
To establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes

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Pub. L. 106–37, § 9
113 Stat. 198

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§ 6608

Duty to mitigate

Stat.×1

Pub. L.Pub. L. 106–37, § 9

Stat.113 Stat. 198

Cites 2Cited by 1 across 1 source