15-U.S.C.-6608
§6608 – Duty to Mitigate
Pathway
Title 15 > Chapter 92 > Section 6608
Details
- Reference: Section 6608
- Legend: §6608 – Duty to Mitigate
- USCode Year: 2013
Provision Content
(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 defendants 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) of this section does not apply to damages suffered by reason of the plaintiffs 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 plaintiffs harm.
(Pub. L. 106–37, §9, July 20, 1999, 113 Stat. 198.)
U.S. Encyclopedia of Law Coverage
15-U.S.C.-6554 in the Legal Encyclopedia: Trade Law
In this entry about 15-U.S.C.-6554, find legal reference material, bibliographies and premiere content related to trade law in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade law-specific issues, written by authorities in the field.
15-U.S.C.-5523 in the Legal Encyclopedia: Computing
In this entry about 15-U.S.C.-5523, find legal reference material, bibliographies and premiere content related to computing in the American Encyclopedia of Law, presenting a comprehensive view of the United States computing-specific issues, written by authorities in the field.
Leave a Reply