2019 US Code
Title 15 - Commerce and Trade
Chapter 92 - Year 2000 Computer Date Change
Sec. 6608 - Duty to mitigate
| 15 U.S.C. § 6608 (2019) |
| §6608. Duty to mitigate |
|
(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 lawThe duty imposed by this section is in addition to any duty to mitigate imposed by State law. (c) Exception for intentional fraudSubsection (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. |
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(Pub. L. 106–37, §9, July 20, 1999, 113 Stat. 198.) |
| United States Code, 2018 Edition, Supplement 1, Title 15 - COMMERCE AND TRADE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 15 - COMMERCE AND TRADE CHAPTER 92 - YEAR 2000 COMPUTER DATE CHANGE Sec. 6608 - Duty to mitigate |
| section 6608 |
| 2019 |
| January 24, 2020 |
| No |
| standard |
| 113 Stat. 198 |
| Public Law 106-37 |
